Claim running into millions because of bottles of water

October 22, 2008 7:46 AM

Liability with regard to broken off negotiations. That is what, in summary, the matter of Packers Provisions Curaçao (Kortijn Ice Company) against Aqualectra is about.

Packers Provisions Curaçao (PPC) had been negotiating with the utility company for a long time to bottle and distribute drinking-water manufactured by Aqualectra, but at a certain moment the negotiations were discontinued, upon which Aqualectra marketed the bottle of water “Claro”. Kortijn claims over five million guilders.

In October last year, the Court gave an interlocutory judgment in which parties were ordered to provide evidence. In other words: they had to try to prove their case, based on, inter alia, examination of witnesses. The last witness was heard last week. From the side of Aqualectra, inter alia former Director Steven Martina (presently Director of insurance company Fatum), technical expert Karel Tujeehut, but also Frank Kunneman, member of the Board of Supervisory Directors, were heard. Dean Rozier, Director of PPC (Kortijn), also had to testify.

In November the so-called statement after the examination of witnesses will follow, with possibly a court ruling in February or March 2009. If liability is proven then, PPC wants to proceed to claiming damages.

Claro is bottled by AQ Bottling and this stands for Aqualectra Bottling Company, established at Mundo Nobo. AQ Bottling was established in December 2004. Managing Director is Anthon Casperson, acting Managing Director of the utility company. It was reported in the past that the bottling of Claro is done in cooperation with Coca-Cola. It was also mentioned in Court this week on behalf of PPC, but was not confirmed by Aqualectra.

(Source: National newspaper Antilliaans Dagblad)

17 October 2008

In this case, PPC is represented by lawyer Jeroen de Baar of HBN Law, whereas Aqualectra’s interests are defended by Carine Jansch and Mayesi Hammoud of VanEps Kunneman VanDoorne.