HMB project hit by court ruling

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The Government of Antigua & Barbuda is to be served “shortly” with a “default ruling” by Canada’s Ministry of Foreign Affairs for any money still to be paid by the company that bought the derelict Half Moon Bay resort, to be “garnished” to the Courts in British Columbia (BC).
That is according to attorney-at-law Lincoln Caylor of Bennett Jones LLP, the Toronto law firm representing HMB Holdings, which owned the 108-acre property before it was compulsorily acquired by the government in 2007.
Attorney General Steadroy “Cutie” Benjamin would only say that his administration was aware of the ruling and “appropriate action” would be taken to “regularise” the situation.
Meantime, Caylor said that the April 7 garnishee order for CD $30.2 million names Freetown Destination Resort Limited to which the government sold the property for US $23 million in December 2015.
Freetown is the Antiguan-incorporated subsidiary of BC-based Replay Resorts Inc.
The Canadian lawyer stated that HMB Holdings received about $15 million from the government and decided to file a civil suit on October 25, 2016 when no more money was forthcoming.
“We understand there are future payments that Replay has to make to the government but that is to
be confirmed,” Caylor told OBSERVER media in a telephone interview on Tuesday.
The suit was based on the 2014 Privy Council judgement that the Antiguan government owed HMB just under US $40 million, with interest and costs.
The attorney-at-law said that the local government did not respond to the civil claim.
One of his colleague lawyers, Brigeeta Richdale is quoted in the Vancouver Sun as saying, “We were expecting people to show up but no one ever has.”
Caylor said Tuesday that Antigua & Barbuda has 60 days after it has been served, to appeal the ruling.
“I have not seen the certificate, but the Foreign Affairs Ministry is preparing it and Antigua & Barbuda will get it soon,” he affirmed.

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