PETER Nygard suffered another legal blow on Friday – as his appeal against contempt was rejected with the judge expressing frustration with the lengthy legal process surrounding his case.
Mr Nygard had originally sought leave to appeal but the rules required that he apply to the lower court first. He had not made that application – but his appeal was allowed to remain until the lower court had dealt with any application that might be submitted. The Court of Appeal on Friday dismissed his appeal, however, because of a failure to secure the necessary leave to appeal.
The case originally emerges from proceedings relating to Mr Nygard’s property in New Providence, Nygard’s Cay, which he is accused of enlarging without permission. He is said to not have followed statutory procedures with regard to extending the land area of the cay and for works involving the seabed. Mr Nygard disputes those accusations and says that, for the enlargement of the cay, no permission was required, and that for all other work, he says the appropriate permissions were received. He was found to be in contempt for breaching orders by Justice Rhonda Bain relating to dredging at the property.
In his ruling, Justice Isaacs noted that the appeal “arises out of a torturous legal battle which has probably contributed considerably to the deforestation of the planet”, referring to the amount of paperwork surrounding the lengthy proceedings.
He added: “Through a series of legal skirmishes, the conflict between the parties has dragged on interminably through the courts.”
Mr Isaacs said that failing to secure the necessary leave to appeal from the lower court meant that the appeal was liable to be dismissed by the appeal court and dismissed with costs awarded against Mr Nygard.