April 5, 2024
Paradise Island Lighthouse & Beach Club (PILHBC) is pleased to advise we have filed application to the Court of Appeal to take our case vs The Government of The Bahamas to the Privy Council in London.
We thank the general public for their interest and fabulous support throughout our twelve year journey.
We are grateful to the Court of Appeal for hearing our case. While the panel of Justices at the Court of Appeal did not rule in our favour, by the required majority, we are encouraged by the ruling presented by Sir Michael Barnett, President of the Court of Appeal, Past Chief Justice; the most seasoned Justice on the present bench, who dissented on his two fellow justices with substantiated good reason and precedents.
Sir Michael Barnett writes in the ruling:
“I must respectfully dissent from their judgment. I would have allowed the appeal and set aside the Chief Justice’s decision.”
Referring to the 7th January, 2020 letter from the Government of The Bahamas to PILHBC he goes on to say:
“It is to be noted that nothing in that letter states that there was no agreement or that the agreement was “subject to contract”. The letter did not state or suggest that there were other matters left outstanding to be agreed upon. Indeed, the letter stated in the heading “Approval for Crown Lease” and that it was enclosing “the lease” not “a draft lease”.”
“In Halsbury’s Laws of England (4edn) Volume 27 at para 57, the learned authors stated the essential terms of an agreement for a lease, namely: “(1) the identification of the landlord and tenant; (2) the premises to be leased; (3) the commencement and duration of the term; and (4) the rent or other consideration to be paid””
“It is difficult to see how it can be said that there was no concluded agreement. The lease sent on 7 January 2020 had been prepared by the Respondent’s lawyers on the Respondent’s instructions. There was nothing further to be negotiated and agreed. All of the matters referred to in Halsbury’s cited above had been satisfied. The document reflecting the terms of the agreement was sent by the Respondent to the Appellant for signature. All that was left was for the Respondent to sign and seal the lease. He did not do so because the government determined that it had found a better deal.”
“In my judgment, there was a binding agreement and I would allow the appeal. I would order specific performance of the lease which was sent with the letter of 7 January 2020.”.
Royal Caribbean Cruise Lines have stalled on their groundbreaking of a Paradise Island Beach Club a number of times, as they did with the failed Grand Lucayan attempts 1.0 and 2.0
Paradise Island Lighthouse & Beach Club Co. Ltd., along with our legal team lead by Mr. Damien Gomez, K.C. look forward to having the case heard at the Privy Council in London. May the light shine on!
Sincerely,
Captain Toby C.S. Smith.
CEO.