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Forwarders win court hearing

It signals a victory over Government's recent opposition to a court ruling.The dispute is now expected to go before the Chief Justice the Hon. Sir James Astwood in early September.

its wrangle with the BIU.

It signals a victory over Government's recent opposition to a court ruling.

The dispute is now expected to go before the Chief Justice the Hon. Sir James Astwood in early September.

A delighted company lawyer Mr. Alan Dunch told The Royal Gazette last night: "I feel I have a very strong case. I now believe justice will be done.'' Government's new Trade Disputes Tribunal will not now hear the case on Tuesday. The proposed sitting has been postponed indefinitely.

Yesterday's developments followed a private hour-long meeting between the Chief Justice and Mr. Dunch.

Mr. Dunch won an interim stay on the tribunal's proceedings over the dispute involving the Bermuda Industrial Union.

He was also granted leave to bring "judicial review'' proceedings against Labour Minister the Hon. John Irving Pearman and the proposed tribunal.

It means the Chief Justice will hear in full the firm's application to quash Mr. Pearman's decision to refer the dispute to the tribunal.

Attorney General Mr. Walter Maddocks' chambers and Mr. Dunch will fight their respective corners. It is unclear at this stage whether the hearing will be held in open court.

In a statement yesterday the Attorney General's chambers said the Chief Justice had found Bermuda Forwarders to have an "arguable case''.

The case "raised serious legal issues as to the effect of the Trades Dispute Act 1992 in dealing with this matter,'' the statement added.

It was this Act -- rushed through Parliament in the wake of the Island-wide strike -- which gave birth to the tribunal.

Mr. Pearman last night declined to comment on developments: "The matter is in the hands of lawyers and the courts, and it is not for me to have a reaction one way or the other.'' Mr. Pearman said he would be seeing the tribunal's chairman, lawyer Mr.

Michael Mello, to tell him about the postponement. "It will mean a rearranging of schedules,'' he added.

Mr. Dunch's victory followed his highly publicised clash with Attorney General Mr. Walter Maddocks and Mr. Pearman over Government's handling of the dispute.

In a letter to him, Mr. Maddocks branded any proposed court proceedings as "misconceived''.

Mr. Dunch said last night: "I am very pleased with the result today. I have always been deeply troubled by the way my client has been dealt with by Government. I now feel justice will be done and seen to be done.'' He added he would be issuing proceedings for a "judicial review'' on Monday.

Mr. Dunch's has always argued the Trade Disputes Act 1992 cannot have retroactive effect, and any bearing therefore, on the dispute.