Ghany v Attorney General and another

Statute – Construction. The appellant, a police corporal in the police service in Trinidad and Tobago, sought compensation, under the Protective Services (Compensation) Act 1996 Act, after he fell at work and fractured his spine. The compensation committee concluded that it had no jurisdiction to award compensation as the injury which the appellant had suffered was not one covered under the Act. The Court of Appeal dismissed the appellant's appeal. The Privy Council, allowing the appeal, held that, by inadvertence, the draftsman and Parliament, had failed to give effect to the statutory intention of importing complementary provisions of a previous Act, providing for the quantification of benefits in cases of permanent partial disablement. In light of the obvious and particular error which had occurred, the introduction of a provision resembling one in the previous Act, which made provision for compensation for permanent partial disablement resulting from injury not specified in the schedule to the Act was a permissible and necessary insertion.

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