Court Rules ‘Mailboxes Has Sufficient Interest’
The Supreme Court of Bermuda has declined an application from the Government to ‘set aside the grant of leave,’ and ruled that Mailboxes ‘has sufficient interest’ to be ‘granted leave to commence judicial review proceedings.’
The ruling said, “On 24 November 2021 I granted Mailboxes leave to bring judicial review proceedings against the Minister in respect of the decision of the Minister for the Bermuda Post Office [BPO] to enter into a shopping platform partnership involving the BPO and an entity described by the Minister as Access USA Shipping LLC and which appears to be connected to an online shopping entity “myUS.com” and the procurement procedures relating thereto.”
It noted that the Minister brought this application stating that “Mailboxes does not have sufficient enough interest in the matter to which this application for judicial review relates,” and Mailboxes lawyer stated “that if there had been an open procurement process, then Mailboxes might have bid.”
The ruling said, “I am satisfied that Mailboxes has sufficient interest pursuant to section 64[2] of the Supreme Court Act 1905 and RSC 53/3[7] to be granted leave to commence judicial review proceedings.
“The Minister has failed to show that leave should not have been granted. Further, it is not obvious to me that the grant of leave should be set aside. Therefore, I decline the Minister’s application to set aside the grant of leave.”
The full judgment follows below [PDF here]:
