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Saturday, June 15, 2013
Supreme Court Orders Peter Nygard and Keod Smith to Halt Works at Clifton Bay and Simms Point / Nygard Cay...
THE Coalition to Protect Clifton Bay has won a court ruling halting construction works in the Clifton Bay area by Peter Nygard.
They were also successful in their Supreme Court application to require any dealings between the government, Mr Nygard and Keod Smith regarding Clifton Bay to be made public.
The court documents halt works in the Bay area by Mr Nygard and Mr Smith “acting directly or through (their) employees or agents.”
Filed before Justice Rhonda Bain, documents say Prime Minister Perry Christie, Deputy Prime Minister Philip ‘Brave’ Davis, and Transport and Aviation Minister Glenys Hanna-Martin must provide the coalition with ‘full and frank disclosure’ of several items.
These include copies of any applications or grants of permits, approvals, or leases made by Mr Nygard and Mr Smith in the Clifton Bay area.
The Queen and Mr Christie are named as the first respondents, Mr Davis as the second, Ms Hanna-Martin as the third, the Town Planning Committee is listed as the fourth, Mr Nygard as the fifth, and Mr Smith as the sixth. The coalition is the applicant.
The fourth paragraph of the court documents say: “The first to fourth respondents must forthwith provide the applicant with full and frank disclosure of the following to the extent that they are within their possession and control:
“Copies of all applications (if any) made by the fifth and sixth respondents for permits, approvals, or leases in respect of the works and properties referred to in paragraphs two and three herein;
“And copies of all permits, approvals or leases (if any) that have been granted to the fifth and sixth respondent together with, in each case, copies of all the documents that were before the relevant respondent when it reached the decision to grant such permits, approvals, or leases and the reasons for such decisions and the conditions (if any) upon which is may have been made.”
The works and properties referred to in paragraphs two and three, involve various construction works in the Clifton Bay area.
The second paragraph says: “Until judgement in the judicial review proceedings or until further order of the court, the fifth respondent, (acting directly or through his employees and agents) be and is hereby enjoined from proceeding with or continuing to undertake” the construction of a groyne on the seabed of Simms Point/Nygard Cay or north of Clifton Bay, as well as the dredging of the sea bed in that same area.
The third paragraph says: “Until judgement in the judicial review proceedings or until further order of the court, the sixth respondent (acting directly or through his employees or agents) be and is hereby enjoined from proceeding with or continuing to undertake the demolition of the old dock, the construction of a new dock on the sea bed and beach and the placement of large boulders on the western edge of the concrete ramp all at Jaws Beach, south east of Clifton Bay.”
Court documents also note a penal notice to the first, second, third, and fourth respondents if they neglect to obey the court’s order for full disclosure.
“If you, the within named first, second, third, or fourth respondents, neglect to obey paragraph four of this order, you may be held to be in contempt of court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets,” court documents say.
A penal notice is also listed for Mr Nygard if he neglects to obey the court’s order regarding constructions, north of Clifton Bay.
“If you, the within named fifth Respondent, neglect to obey paragraph two of this order, you may be held to be in contempt of Court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets.”
A similar penal notice is listed for Mr Smith.
“If you, the within named sixth respondent, neglect to obey paragraph three of this order, you may be held to be in contempt of Court and liable to imprisonment at Her Majesty’s Prison, or a fine or the sequestration of your assets.”