Supreme Court Delivers Major Win to ER Group in Sensitive FCC Document Spat

The Supreme Court has authorised the conglomerate ER Group, formed by the merger of ENL Limited and Rogers & Co. Ltd, to proceed with a legal challenge against an order that compelled the Financial Services Commission (FSC) to hand over sensitive documents to the Financial Crimes Commission (FCC).

The crucial ruling, delivered by Justices Karuna Gunesh-Balaghee and Patrick Kam Sing, allows ER Group to launch a “third party opposition” (tierce opposition) to contest the 2018 order obtained by the FCC (then the Independent Commission Against Corruption – Icac) compelling the FSC to release documents, minutes, and data related to the sale of New Mauritius Hotels (NMH) shares.

In a significant move, the judges rejected preliminary objections raised by the FCC, which had argued the challenge was an abuse of process designed to obstruct its investigation and amounted to a disguised form of judicial review.

The court concluded the request for “third party opposition” did not constitute an abuse of procedure.

The judges also ruled that an interim report produced by Kriti Taukoordass, appointed by the FSC to investigate the matter, is considered “data” within the scope of the FCC’s request.

The original order, secured by the FCC from a judge in chambers on June 14, 2018, sought a broad range of information from the FSC.

This included minutes of a Board meeting held at the FSC, reports from committees that conducted preliminary investigations, correspondence, emails, a list of pension plans, and other data concerning NMH for the years 2015, 2016, and 2017.

The case, which has seen several actions filed in the Supreme Court, will now be heard on its merits by the Supreme Court on November 14, 2025.

ENL Limited and Rogers & Company Limited merged on July 1, 2025, to create the new entity ER Group.

Source: Defi Media