The Court of Appeal has reinstated NOVO Technology’s claim against the Airports Authority of Trinidad and Tobago (AATT) over the termination of a multimillion-dollar contract for an automated border control system, reversing a High Court decision that had dismissed the matter as an abuse of process.

Justices of Appeal Peter Rajkumar, Ronnie Boodoosingh, (now Chief Justice) and James Aboud ruled unanimously that NOVO’s second claim, filed after the termination of the contract during the covid19 pandemic, did not amount to an abuse of process. The judges found that the High Court, presided over by Justice Joan Charles, had erred in striking out the claim.

NOVO is seeking more than $50 million in damages for alleged breach of contract and non-payment following what it says was an unlawful termination by the AATT under a force majeure clause.