The Full Court of the High Court has cleared the way for the State to take possession of the sites, containers and equipment associated with the construction of the Georgetown Paediatric and Maternal Hospital (GPMH) and the New Amsterdam Hospital Campus.
The decision was handed down on September 22, 2026, after the Full Court allowed an appeal by Attorney General Mohabir Anil Nandlall against preservation orders issued against the State in proceedings involving contractor VAMED Engineering GmbH.
Chief Justice Navindra Singh and Justice Zamilla Ally-Seepaul set aside five orders made by Justice Renita Singh on August 6, 2026, which had required the Ministry of Health to preserve the hospital sites, containers, equipment, documents, designs, plans and intellectual property connected to the projects.
The Full Court found that the preservation orders could not stand, noting that they were inconsistent with the trial judge’s findings and that their legal basis had not been adequately established.
The Court further held that Section 16 of the State Liability and Proceedings Act prohibits injunctions against the State in proceedings of this nature. According to the Court, that prohibition could not be circumvented by describing orders regulating the State’s conduct as preservation orders or by relying on the Civil Procedure Rules.
The Full Court also found that the orders did not have the necessary statutory basis under the Arbitration Act 2024 and conflicted with the trial judge’s findings that there was no urgency and that damages would provide an adequate remedy.
The High Court’s earlier decision refusing VAMED’s applications for conservatory and restraining orders remains in place. The order referring the underlying contractual dispute between VAMED and the State to arbitration also remains undisturbed.
The Full Court awarded the Attorney General GY$500,000 in costs.
With the preservation orders set aside, the Ministry of Health is now cleared to take possession of the hospital sites, the 52 containers, equipment and associated construction materials, and proceed with the projects.
The State was represented by Attorney General Mohabir Anil Nandlall SC, along with Shoshana V. Lall, Prithima Kissoon and Joshua Cullen of the Attorney General’s Chambers.
VAMED Engineering was represented by attorney Nigel Hughes of Hughes, Fields and Stoby.
