Trevor Isaac Paula Drakes v The Land Survey Board of Trinidad and Tobago

• Jurisdiction: Trinidad & Tobago
• Judge: Mira Dean-Armorer
• Judgment Date: 09 July 2019
• Neutral Citation: TT 2019 HC 217
• Court: High Court (Trinidad and Tobago)
• Docket Number: Claim No. CV2016-02114
• Date: 09 July 2019

IN THE HIGH COURT OF JUSTICE

Before the Honourable Madame Justice Mira Dean-Armorer

Claim No. CV2016-02114

In The Matter of the Judicial Review Act Chap. 7:08 of the Laws of Trinidad and Tobago

In The Matter of an Application by Trevor Otto Percival Isaac and Paula Drakes for Judicial Review pursuant to Section 5 of the Judicial Review Act Chap. 7:08 of the Laws of Trinidad and Tobago and Part 56.3 of the Civil Proceedings Rules 1998

And

In The Matter of the delay by the Land Survey Board of Trinidad and Tobago and or its continuing refusal and or failure to prescribe such matters as are required by the Land Surveyors Act Chap. 58:04 of the Laws of Trinidad and Tobago and the Land Surveyors Regulations for the assessment, examination and or registration of Land Surveyors in Trinidad and Tobago

And

In The Matter of the continuing refusal and or failure of the Land Survey Board of Trinidad and Tobago to register Trevor Otto Percival Isaac pursuant to Section 17(2) (b) of the Land Surveyors Act Chapter. 58:04 of the Laws of Trinidad and Tobago for registration as a Land Surveyor in the Engineering Category

And

In The Matter of the continuing refusal and or failure of the Land Survey Board of Trinidad and Tobago to register Paula Drakes pursuant to Section 17(2) (b) of the Land Surveyors Act Chapter. 58:04 of the Laws of Trinidad and Tobago for registration as a Land Surveyor in the Categories of Geo-Information Systems, Photogrammetry and Cartography

Between:

Trevor Isaac Paula Drakes

Claimants

and

The Land Survey Board of Trinidad and Tobago

Defendant

Appearances:

Ms. Elaine Green for the Claimants

Mr. Colvin Blaize for the Defendant

Judicial Review — Decision not to register two qualified land surveyors under the Land Survey Act, Chap 58:04 — Whether delay on the part of the Board was in breach of their statutory duty — Whether failure or delay on the Board's part was irrational — Whether first claimant held a legitimate expectation that he would be registered as a land surveyor, as long as he obtained a degree in Land Surveying from the University of the West Indies.

Introduction

1 This application for judicial review was instituted by two qualified land surveyors, who have been persistent in seeking registration by the land Survey Board, under the Land Survey Act Chap 58:04. Their failed applications for registration began in 1994. The Claimants renewed their efforts without success up to 2016, when they approached the Court seeking, inter alia, declarations that the Land Survey Board had delayed unreasonably and in so doing, had acted in conflict with the policy of the Land Survey Act.

Procedural History

1 By Notice of Application filed on June 22, 2016, the Claimants, sought the Court's leave to apply for judicial review. Their application for leave was supported by the affidavits of both Claimants, Trevor Isaac and Paula Drakes 1.

2 On June 27, 2016, a supplemental affidavit of Ms. Drakes was filed, and thereafter, on June 30, 2016, the affidavit of Trevor Isaac was filed.

3 On July 07, 2016, the application for leave came up for hearing before The Honourable Justice Pemberton (as she then was), who directed that the Minister of Agriculture be joined as a party to the proceedings and that the proceedings were to be served on the Minister of Agriculture. The matter was adjourned to enable the parties to meet and discuss the issue, with a view to resolution.

4 Following the elevation of the Honourable Justice Pemberton to the Court of Appeal, this Claim was re-assigned to this Court and came up for hearing on January 19, 2017 when the Court granted leave to apply for judicial review.

5 On February 03, 2017, that the Fixed Date Claim Form was filed together with the affidavits of Trevor Isaac and Paula Drakes. The relief sought is set out below:

In relation the Second-Named Intended Claimant

In relation to both Intended Claimants:

• (i) “A Declaration that the First-Named Intended Claimant had a legitimate expectation that once he had been awarded a Bachelor of Science degree in Land Surveying by the University of the West Indies or possessed academic qualifications equivalent thereto he would be registered as a Land Surveyor in the engineering category;

• (ii) A Declaration that the continuing omission, refusal and or failure of the Intended Defendant to register

  TREVOR OTTO PERCIVAL ISAAC pursuant to section 17(2)(b) of the LSA as a Land Surveyor in the engineering category is irrational and or unreasonable and in deprivation of his legitimate expectations;

• (iii) A Declaration that by virtue of his academic qualifications and practical and professional experience, his registration with the Chartered Institution of Civil Engineering Surveyors and the Institute of Surveyors of Trinidad and Tobago, and the certification of his good character, the First-Named Intended Claimant is entitled to be registered as a Land Surveyor in the Engineering Category;

• (iv) An order of mandamus directed to the Intended Defendant requiring it to register the First-Named Intended Claimant forthwith as a Land Surveyor in the engineering category and to cause his name to be entered as such in the Register of Land Surveyors for the year 2016;

• (v) A Declaration that the continuing omission, refusal and or failure of the Land Survey Board of Trinidad and Tobago to register PAULA DRAKES pursuant to section 17(2)(b) of the LSA as a Land Surveyor in the categories of Geo-Information Systems, Photogrammetry and Cartography in which she is qualified and experienced is irrational and or unreasonable and in deprivation of her legitimate expectations;

• (vi) A Declaration that by virtue of her academic qualifications and practical and professional experience, her registration with Royal Institute of Chartered Surveyors and the Institute of Surveyors of Trinidad and Tobago, and the certification of her good character the Second-Named Intended Claimant is entitled to be registered as a Land Surveyor in the categories of Geo-Information Systems, Photogrammetry and Cartography and such other categories of surveying in which she is qualified and experienced;

• (vii) An order of mandamus directed to the Intended Defendant requiring it to register the Second-Named Intended Claimant forthwith as a Land Surveyor in the categories of Geo-Information Systems, Photogrammetry and Cartography and to cause her name to be entered as such in the Register of Land Surveyors for the year 2016;

• (viii) A Declaration that the Intended Defendant is in breach of its statutory duties under section 5(a) and (b) of the LSA by reason of its delay in prescribing and its continuing omission, refusal and or failure to prescribe such matters as are required under section 17(2)(a)(ii) and 17(2)(b) of the Land Surveyors Act Chap. 58:04 of the Laws of Trinidad and Tobago (the “LSA”) within a reasonable time of the coming into force of the LSA on the 14 ^th of March 1997;

• (ix) A Declaration that the delay by the Intended Defendant and its continuing omission, failure and or refusal to register Land Surveyors in any category of non- cadastral surveying other than hydrographic surveying since the LSA came into force on the 14 ^th of March 1997 is contrary to law and in conflict with the policy of the LSA;

• (x) A Declaration that the delay by the Intended Defendant and its continuing omission, failure and or refusal to register Land Surveyors in any category of non- cadastral surveying except hydrographic surveying since the LSA came into force on the 14 ^th of March 1997 is irrational and or unreasonable;

• (xi) An order of mandamus directed to the Intended Defendant requiring it to prescribe forthwith such matters as are required under section 17(2)(a)(ii) of the Land Surveyors Act Chap. 58:04 of the Laws of Trinidad and Tobago (the “LSA”) in all categories of land surveying as the same is defined in section 2 of the LSA;

• (xii) Costs;

• (xiii) All necessary and consequential orders directions and such further and or other relief as this Honourable Court shall deem fit.

6 At the first directions hearing, the Minister of Agriculture was removed as a Defendant, by the consent of the parties. Directions were given for the filing of affidavits and submissions.

Evidence

7 The evidence in these proceedings consisted of the affidavits filed on behalf of the parties. Affidavits were filed by:

• • Trevor Issac 2

• • Paula Drakes 3

• • Kamal Sant 4

Facts

8 The Claimants, Mr. Trevor Issac and Ms. Paula Drakes are both qualified land surveyors. The First Claimant, Mr. Issac was awarded a Technician's Certificate in Engineering Surveying from the John Donaldson Institute, in the year 1982. Thereafter, Mr. Isaac began acquiring experience as an Engineering Surveyor. He worked at with Bi-Water Shella Bear Ltd., Coosals Construction Company, Seereeram Brothers, and has worked on projects including Southern Basin Consortium Project, the Jalousie Resort, in St. Lucia, West Coast Road Improvement Project, Trinidad and Tobago Plantations development project Lowlands. In 1985, Mr. Isaac was awarded a Diploma in Technology in Surveying Technology by the British Columbia Institute of Technology. In the year 2001, Mr. Isaac also attained a degree in Land Surveying from the University of the West Indies.

9 Ms. Drakes, the Second Claimant, was first awarded a Bachelor of Science Degree, in Land Surveying in the year 1991. She later attained her Master of Science in Geo-Information Systems for Cadastral Applications. Ms. Drakes is also a member of the Royal Institute of Chartered Surveyors (RICS). Ms. Drakes, has deposed that her academic qualifications and practical experience are recognised by the RICS, The Urban and Regional Information

Systems Association (URISA), North American and the Caribbean; The Geographic Information Systems Society of Trinidad and Tobago (GISSTT)...