The Tribune

THE judicial review case between the Coalition to Protect Clifton Bay, the government, Canadian multi-millionaire Peter Nygard and attorney Koed Smith was pushed back by a month.

Yesterday’s proceedings before Justice Rhonda Bain, originally meant for the consideration of applications to strike out an injunction halting construction in Clifton Bay, did not occur.

The court was informed by attorney Dawson Malone that for medical reasons concerning lead counsel for the Coalition, Fred Smith, QC, the applicants would be seeking an adjournment.

After lengthy discussions, the defendants did not object.

The new dates are January 16, 17, 22, 23, and 24, 2014. February 3 of next year was additionally set aside.

In June of this year, Judge Bain ruled that construction work be halted in the Clifton Bay area by Peter Nygard and Koed Smith, “acting directly or through (their) employees or agents,” with a further order that any dealings between the government, Mr Nygard and Keod Smith regarding Clifton Bay be made public.

This included copies of any applications or grants of permits, approvals, or leases made by Mr Nygard and Mr Smith in the Clifton Bay area.

The court ordered that failure to obey these instructions would result in the respondents possibly being “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.”

The Queen and Prime Minister Perry Christie are the first respondents in the matter, followed by Deputy Prime Minister Philip “Brave” Davis as the second and Transport and Aviation Minister Glenys 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.

Lauren Klein and Darren Henfield of the Attorney General’s Office represent the first four respondents while Nygard and Smith are in the process of retaining counsel for the judicial review hearing and others cases stemming from the matter.

Fred Smith, Dawson Malone, Ramould Ferreira and Martin Lundy represent the Coalition.