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HMB Decision Handed Down

HMB Decision Handed DownAntigua St. John's - On Friday, Justice Jennifer Remy delivered her decision in the matter brought by HMB Holdings Limited against Harold Lovell, in his capacity as minister of Finance.

At issue was the statutory duty imposed by the Land Acquisition Act on the minister of Finance to issue a warrant for compensation to be paid out from the Treasury, following a compulsory acquisition of private property by the Government of Antigua & Barbuda "for a public purpose".

At the hearing held on Monday, March 4, Attorney General Justin Simon conceded that the minister failed to perform this duty, and did not oppose the issuance of the mandamus order. However, he asked the court to allow the quantum of the payment due and owing, to equal the amount derived from the value of the property as established by the Board of Assessment (US$23.8 million) and not on the value as determined by the Supreme Court of Appeal (US$45.5 million).

In her order, read yesterday morning in open court, Justice Remy agreed with the opinion of the counsel for HMB Holdings Limited, who argued that the government had already asked the Court of Appeal for a stay of its increased valuation until the Privy Council rules on the matter. Because that stay was denied, a judge in the High Court could not now effectively overrule a higher court’s decision by changing the amount established by the Court of Appeal as compensation due and owing.

Furthermore, Justice Remy did not find that the economic challenges facing the government, presented by Minister Lovell in his affidavit, were mitigating reasons for his failure to perform the duties of his office under the Land Acquisition Act.



Therefore, an Order of Mandamus has been issued for the Minister of Finance to issue a warrant for payment forthwith of the full amount owed by the government to HMB Holdings Limited.

With the accrual of interest from July 2007 on the base amount of $45.5 million, plus the various costs charged to the government under the Land Acquisition Act, that amount is currently in excess of US$71 M.

Failure to act on the order of mandamus may lead to charges of contempt of court against the minister.

Neither Minister Lovell nor Attorney General Simon were available for comment.

During a brief conversation, Natalia Querard, managing director of HMB Holdings Limited, said: "Actions have consequences, and what has been wrong from the beginning cannot become right without changing directions.

In this case, the original damage was not reversed. Instead, it was and still is continued, as is the cost of this misadventure to all parties involved."

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47 Comments In This Article   

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Hmb

#47 Sylvie » 2013-03-10 22:16

Is the prime minister in a deep sleep or what? Every time in the American news with their business you hear about the president Mr. Obama. What is happening with our PM?
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Sylvie

Lovell

#46 Joe » 2013-03-10 22:05

It is a shame with the UPP. This party is full of intellectuals but because most of them do not want to work with each other as a good team, things like these happen. They are smart but stupid. Let folks like me stay stupid but smart because I have never been to college nor university. Intelligence and education are to work together in order for there to be great success. Team work is the best work. Almost all of them just flex their muscles to see who have the biggest biceps. Government is not about that . You are employed by the voters. People give people power and people take power from people. Please be humble and do the right thing and stop puffing up you all selves.
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Joe

HMB Got Its Justice...The Fox Got Outsmart!

#45 Dig It » 2013-03-10 18:28

It seems that the "Cunning Fox" got "out-smart" afterall! No more 'excuses' for the Minister to not pay HMB its 'full amount' owed, for taken private property without the "constitutional right" of compensation! And, no more 'arrogance-and- hostility' in his actions/inactio ns and of other leaders when it comes to our citizens or investors.
Quote:
Nevertheless, Finance Minister Lovell is on public record as saying "not one cent will be paid to the investors" and that the IMF would not permit such payment.
www.caribarena.com/antigua/news/latest/101395-hmb-write-to-imf-following-lovell-letter.html#ixzz2NAyjbGzu
Finally, Lovell words come back to haunt him, and, I hope he takes it back (When will our leaders learn to cry...Oh When The Saints Go March In).
I believe Ms. Natalia Querard, managing director of HMB Holdings Limited, said it well when she said "Actions have consequences, and what has been wrong from the beginning cannot become right without changing direction."
I could agree more!
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Dig It

beating a dead horse

#44 tenman » 2013-03-10 16:11

Fact Checker you stated:
Quote:
HMB did not agree to the $24M so that was appealed. I am not sure that there was an option to pay even if HMB did not agree.
Here is the AG:

Quote:
“We owe her that $23 million, so we don’t have to wait until the appeal before we begin to pay the $23 million. However, government is not in a position to pay her the $23 million. She has sued in respect of that, demanding payment and seeking a court judgment that the payment must be made immediately. That is the matter which she is saying has been delayed" We owe her that $23 million, so we don’t have to wait until the appeal before we begin to pay the $23 million.
You then stated:
Quote:
The way I see it is if the Government is successful at the Privy Council then the amount that was awarded by the Board of **sment plus the accumulated interest at that time of award is what would be due to HMB. This would amount to apx. $30M.
Again: I refer you to the AG's statement and then ask yourself if we had to pay her irregardless to the appeal and did not, why would interest not apply?


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tenman

tenman

#43 Fact Checker » 2013-03-10 15:29

I suggest that you read my post carefully.
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Fact Checker

Fact Checker - get your facts straight, this is not the snakepit

#42 tenman » 2013-03-10 13:36

Fact Checker arn't you aware of your own facts? The interest clock started ticking at July 2007. Not sure how you can calculate that 10.25% for about over 5 years would equate to only 6 million (Its at minimum, using only 5 years, more than 51.25% of the accessed value *-- over 11.8 million before being compounded) Fact Checker an Observer, Oct 26, 2011 article states of the AG:
Quote:
“We owe her that $23 million, so we don’t have to wait until the appeal before we begin to pay the $23 million. However, government is not in a position to pay her the $23 million. She has sued in respect of that, demanding payment and seeking a court judgment that the payment must be made immediately. That is the matter which she is saying has been delayed" We owe her that $23 million, so we don’t have to wait until the appeal before we begin to pay the $23 million. However, government is not in a position to pay her the $23 million
www.antiguaobserver.com/?p=66439
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tenman

RE: HMB Decision Handed Down

#41 dualcore » 2013-03-10 12:36

Truly are these people the best among us. The UPLP should be resisted at all cost, carbon copy of each other. not again should we be elect a pm so incompetent. The fin minister should be relieved of is duty for doing a poor job.The leader cannot take that post because he has a problem with any figure pass 4 digits. he felt insecure in his own govt so he went and got 2 doctorates. what has that done for the country well we are going to the IMF for a second go around that will definitely bring more hardships. go to youtube and search for ' life and debt in Jamaica'
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dualcore

@ Fact Checker

#40 SlyThatGuy » 2013-03-10 11:46

Fact Checker,the government did appeal the court judgment; however, it wasn't a timely appeal and that's the reason for the Order of Mandamus. They have no one but themselves to blame for not knowing how to proceed or how much time is given for appealing a court decision under the constitutional act. Hence, again, my question is this: Does the government have any legal adviser whose job it is to anticipate problems and help it circumvent them? Because, honestly, someone ought to have seen this coming much earlier and advised the government not to fight this any further because the accrued interest on the court judgment is going to kill us.
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SlyThatGuy

Tenman

#39 Fact Checker » 2013-03-10 10:37

HMB did not agree to the $24M so that was appealed. I am not sure that there was an option to pay even if HMB did not agree. The way I see it is if the Government is successful at the Privy Council then the amount that was awarded by the Board of **sment plus the accumulated interest at that time of award is what would be due to HMB. This would amount to apx. $30M. The time between appeals should not be counted in terms of interest.
On the other hand if the government looses then all the interest should apply.
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Fact Checker

RE: HMB Decision Handed Down

#38 Say What » 2013-03-10 09:03

And what if HMB does not want the property back after all this time and bad blood -- it is not legally obliged to take it.
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Say What

Fact Checker

#37 tenman » 2013-03-10 08:17

Fact Checker, hey I agree with you. However, try and remember that the former owners had put the value even above this (they wanted it valued at an amount as if it was developed). The problem though is we could not even afford to pay the lowered amount (23 mill). The AG admitted we were derelict in not paying it. The finance minister claimed we did not pay it because things are bad. It is the failure to pay which has added nearly 35 million (using EC Court ruling) in interest (amount outstanding now at 71 million USD). If the privy council agrees to the lower amount, due to interest we would still have to pay at least 38 million USD due to the 10.25% yearly interest penalty. Knowing all of this why still try and hold onto the property? The episode resembles stealing.

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tenman

RE: HMB Decision Handed Down

#36 Fact Checker » 2013-03-10 04:13

Do you think that the should pay $45M for a $24M property? I do not think so. Read below the well reasoned decision from the Board of **sment set up according to law. The Government has a right to appeal the erroneous decision that asked the government to pay $45m. They also have a right to get a stay of execution until that matter is decided. I cannot understand why the court denied the stay. The only justice in this matter is for the Privy Council to ouerturn the appeal court's ruling.


http://www.caribarena.com/antigua/news/latest/7880-hmb-holdings-settlement-details.html
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Fact Checker

RE: HMB Decision Handed Down

#35 ANTIGUAN WOMAN » 2013-03-09 22:44

Where will these fools get 71million usd??? They cannot pay $800 in pensions at time.The Pm needs to be fired then arrested,that man is soo foolish and useless,it hurts my fingers to even type the letters Pm when refering to him.He is resopnsible for all this mess,he is the leader,where was he all along,how come he never sat with the woman and try to come to an amicable decision? Oh,just remembered he was busy travelling the world and posing for cameras ,what a fool.
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ANTIGUAN WOMAN

Circus Clowns

#34 DadliSun » 2013-03-09 20:50

Wasn't this the same group who opposed and marched against the property acquisition? Oh, what a karma. It is a shame that the government continue to burn tax payers money in the hope of a favourable legal decision. Would the government have a different approach if the cost of the legal proceedings befell the UPP party? We as a country need to accept the fact the monies politicians spend is ours and is no different from someone breaking into your home and stealing your cash. ITS ABOUT TIME WE START HOLDING OFFICIALS ACCOUNTABLE FOR THEIR ACTIONS. If we don't Antigua as society will continue to crumble.
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DadliSun

RE: HMB Decision Handed Down

#33 Godson » 2013-03-09 19:42

$72M US? No problem. We've got friends in high places. Get on the phone and call China and this will be paid off. One week later another 5000 Chinese show up in ANU. Two weeks later another big project announce with 90 Chinese workers. One month later, 100 new chinese big businesses, while Antiguans get the little shop.

It pays to have friends in high places!
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Godson

RE: HMB Decision Handed Down

#32 zzzzz » 2013-03-09 19:29

dumb decisions after another. upp really can flip flop. in opposition they stand up with the lady against the alp. now in power they take away the woman land and cant pay.in opposition dead against passport being sold now in power selling passport. we really in a sad state we have a pm useless and incompetent and for some reason everybody likes him. a min of finance who dresses nice but full of crap.
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zzzzz

Bad decision makers

#31 JD » 2013-03-09 19:28

Dear, dear me - it just seems to get worse and worse with our (civil - so called) servants who continually forget their place. There has got to be better than this out there somewhere, willing and able to take on the responsibility of at least trying to run our country efficiently and with some integrity.
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JD

Remember

#30 Jane » 2013-03-09 19:03

Anybody remember when Harol Lovell use ro crucify ALP on HMB's Behalf regarding the acquistion? Do you remember that Peter DeSavory flew a cabinet sub-committe to the Bahamas to look at 'Atlantis' because be wanted to spend US$2M at Half Moon Bay? Do you remember that the UPP Government gave the right to develop Half Moon Bay to the 'Perry Group" over four other better suited contendors? Do you remember that every year perry said that he will start next year? Who do you blame for this debacle? Why do you think they chose the 'perry group', without an identified source of Finance to undertake this project? What does this say about decision making skills of the UPP cabinet?
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Jane

RE: HMB Decision Handed Down

#29 CIROC » 2013-03-09 18:01

Most of you are blaming Lovell and Simon.I put the blame on the prime minister.Here is where leadership comes in to play.He should have called the lady and invite her into his office a long time ago. Meet with her to discuss a settlement that is fair and just.Instead he sat back and let it fester like a sore.The way you approach any issue will determine the outcome most of the time.Bullying does not work and in my opinion they tried to bully the woman into submission.I really feel sorry for you the people of Antigua and Barbuda.The bill will be yours to pay.
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CIROC

@ lenin

#28 Observer... » 2013-03-09 17:25

Who are you speaking to? Us Antiguans! We're gone to sleep. Both parties have beaten us down so much we cannot even talk anymore. Because when you open your mouth you are victimize. Look what happened to the Senators. No one came to their rescue. No wonder why two of them went to beg back for their jobs. Things aren’t easy. The spirit of fear is reigning over Antigua and Barbuda. And his name is Machiavelli Baldwin Spencer (MBS)
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Observer...

@ Just saying it

#27 Observer... » 2013-03-09 17:15

Just saying, I have warned about grabbing Stanford lands before. It is another debt that will hang high around our necks. This government is proceeding to grab lands hoping that they may confiscate it without having to pay a dime for it in the future. But they will have another thing coming. If not from Stanford himself or his heirs, than from the Stanford Investors Group that is looking to get back their monies. But it won’t be a free one. It is really sad to see how this government is behaving. And Antiguans are quite and don’t even bother about this until it hits their pockets and the Treasury won’t have money to pay for pension and other things that they need. This government used to call the ALP a rogue government, but yet by their actions they are proven to be even worse. And it is about time politician are held accountable for their actions while in office. This cannot be put aside as if nothing will ever happen to me. Or it will be another successive government’s problem anyway.
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Observer...

Conflict

#26 Villager » 2013-03-09 16:12

The Treasury will find the money......whic h law firm in association a certain minister represents HMB? These guys see the writing on the wall so they are making sure all outsatnding owed by the government to law firms are paid in full.
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Villager

RE: HMB Decision Handed Down

#25 ECHO » 2013-03-09 14:37

As I read this article, I could not help but hear Anthony Stuart words ringing in my ears. I kept hearing his words about "A COMMUNIST ELEMENT WITHIN THE U.P.P.". Keep fighting for your rights Ms. Querard. I HOPE THAT IN THE LOVELL WILL BE JAILED.
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ECHO

sing??here we go again

#24 Mr.Cool » 2013-03-09 14:22

here we go again, incompetence and bad mind to the max what goes around comes back around :-*
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Mr.Cool

what a price

#23 Jumbee Picknee » 2013-03-09 13:47

What a price to pay for 'freedom...'
Lawd Gad, I thought; I think; I know;
SLAVERY DONE...
What a lie, they're telling, I
Granny holding her belly,
Mammie can't stop cry!!!
Because, her children are hungry,
That's why; the youth'$ are willing,
To rob, shoot and kill,
To get their hands on a few dollar bill'$.
What a thing, as the bells toll,
The choir's sing,
And, the politicians are merrily dancing,
Like troll's....
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Jumbee Picknee

HMB Decision Handed Down

#22 SlyThatGuy » 2013-03-09 12:54

All I know is that Harold Lovell better take heed not to fool around with this decision,the order of Mandamus,handed down by the court,because if he completely refuses to obey the order,I believe that his removal out of office can be ordered by the court and then faces prosecution after his removal. So mabe this might provide an opportunity for us to learn who has been calling the shots all along regarding this matter,Prime Minister Spencer or Harold Lovell? Stay tuned.
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SlyThatGuy

Utter Nonsense !! Give it Back!!!

#21 Neutral » 2013-03-09 12:54

So dey take de land for whatever reason, to give it to whoever to develop and he cah develop it….maybe he eh have de money no more…... So why not negotiate to give it back, with concessions and allow HMB to develop it and get it up and running....yuh cah pay for it and nobody eh go pay dat kind of money for it.....give de people back de land! Yuh cah be wrong and strong when you eh hab de money (nor apparently good legal counsel)!!!

And another ting, if yuh keep loosing case, why yuh hab de same lawyer? maybe de Hon. P.M. should look for a new AG.....

Really Justin!!! This shows a lot about.....


Attorney General Justin Simon conceded that the minister failed to perform this duty, and did not oppose the issuance of the mandamus order. However, he asked the court to allow the quantum of the payment due and owing, to equal the amount derived from the value of the property as established by the Board of **sment (US$23.8 million) and not on the value as determined by the Supreme Court of Appeal (US$45.5 million).
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Neutral

Full Moon Madness

#20 Noodles EVERYDAY » 2013-03-09 12:26

This Justice must be living on mars or something... She nay hear Antigua broke? DEM CAN'T EVEN PAY THE STREET SWEEPERS. THE TREASURY IS KICKING UP DUST ON IT'S WAY TO POOR HOUSE. OLD PEOPLE HUNGRY AND YOUNG PEOPLE MOUTH WHITE ... WEH DEM GWINE DE MONEY FROM TO PAY THE GOOD LADY? CHAVEZ IS DEAD!!! AND YOU HAB DE NERVES FE STILL CALL IT HALF MOON BAY.
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Noodles EVERYDAY

RE: HMB Decision Handed Down

#19 Rasta man » 2013-03-09 12:15

And still we learn nothing from selling our lands!!! how much land for the chicken farm ? may god help us...I guess our grand children will clean up the mess from the chicken farm non sense.. Our land should always remain with us.. Anyone that wants to invest simply partnership with the people (or government) our land is our equity if not there is the door
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Rasta man

Elderstate woman

#18 Jane » 2013-03-09 11:18

All I have to say about this issue is that Karma is a b.... and as long as we continue to play politics with the people's business we will continue to reap results similar to this debacle. When the then ALP administration tried to acquire this property Minister Lovell became her ally and lawyer and vehemently opposed this plan. It therefore boggles the mind as to why this government raced headlong down this very road that they considered wrong while in opposition after promising us that what was wrong will be made right. William Shakespeare could not have written a play with greater dramatic irony- this same Lovell is now the one whose feet is been held to the fire.However, I hope whomever is representing the former Half Moon Bay workers would wake up and ensure that every effort will be made so that they receive the appropriate compensation that they have been languishing for.
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Jane

@ Mr Right Direction.

#17 Mr Sabruski » 2013-03-09 10:20

Ok, so now Mr right direction, now that you have buried our money in this massive hole that you have dug. Where you gonna go now?
When ALP get back in I hope that they put all you UPP tricksters in jail where you all belong. The UPP is the most inadequate set of fools ever to try and run a country. Not one of them has ever run a business in their life and we have been misled to think that they know what they are doing. Never again will, I vote for UPP.
The Unpopular Poo Poo, what a smell they leave behind them.
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Mr Sabruski

WHY? WHY? WHY?

#16 skyewill » 2013-03-09 09:34

2 attorneys, 1 an Attorney General the other the Minister of Finance of a country. Schooled and learned, both pass the bar, both have private practice experience. So why did we go from 20's to 70's and rising with these 2 who have a fiduciary duty to protect the people of Antigua and Barbuda? Reminds me of the parable of the wasted talents, but more demoralizing is the fact that black people who have been given an opportunity to show the world that we can rise above self-absorption . They simply don’t care. It is obvious that they are playing silly games. You don’t have to be an attorney to know the end result of this and it is the Tax payer that will feel it. Lovell, will sign the warrant (no big deal) and nothing will happen and they know this. This could have been a win win situation creating jobs and settling a long expensive legal debacle. They are derelict in their duty to the people of A&B.
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skyewill

for love of country

#15 lenin » 2013-03-09 09:29

kenred 's legal analysis is correct but beyond that what other travesty must the UPP commit against the citenzry?

I am only now to certain that a viable opposition would have caused the folding of this Government. How are they still in power?

Even though we are close to elections I believe another party can roll over the other two. Rise up my people!!!!!!!!! !!!!!
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lenin

Pay? Antigua meborn.

#14 Just saying it » 2013-03-09 09:07

In the continuing comedy that we know asThe History Of Antigua, we can all see the folly of calling this small island a country. Antigua is just a villiage and a small one at that. And yes we have our village idiots, only here they get government jobs and get to make decisions. Ask your young children for money they owe and listen to their excuses. Funny how those responces soung so like villiage government.
The wolrd looks on and smiles.
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Just saying it

RE: HMB Decision Handed Down

#13 Just Sayin » 2013-03-09 08:14

And the next case.......The expropriation of land from the Stanford Estate to build an airport terminal on.

When will this government learn you can't just steal land and ignore your countries own laws without there being repercussions.
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Just Sayin

Kenred

#12 Colin » 2013-03-09 07:55

Okay ... so now let's get our courts to rule on the constitutional motion - The courts have managed to avoid doing that for a quite a while - longer than the Mandamus proceedings - strange,isn't it?
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Colin

oh really???

#11 Busy Bee » 2013-03-09 07:51

Lovell was her lawyer 2003 and encourage her to take the then govt to court ,
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Busy Bee

Really??

#10 Young analyst » 2013-03-09 07:48

Well well well another case of seriously poor management in our country, by this government. How many more will we have to endure, time and time again money is being lost by these decisions of which government is duly responsible for, so if they cant paid teachers where are they doing to find this money from? come on guys really??
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Young analyst

Communism!

#9 Bachra Mary » 2013-03-09 07:44

Everyone knows that Lovell was a communist with the ACLM in the seventies! This act of acquiring property and not paying for it is tantamount to a communist type action. This is what you expect from places like North Korea and Venezuela! Now we know why Baldwin is so chummy with the various communist dictators...he is just like them!
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Bachra Mary

RE: HMB Decision Handed Down

#8 not again » 2013-03-09 07:42

Isn't it time for the GG to go.
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not again

RE: HMB Decision Handed Down

#7 JB » 2013-03-09 07:26

Who says the treasury broke? It's been said that money is being saved up for you know what, that will happen soon in 2013...my road is now smooth like a newborn's bottom, after years of complaining. (Don't know how long it would last, considering what's underneath the smoothness...si gh, ah well we in drought, so I can be comfortable for few weeks, me thinks (most sarcastic voice))!
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JB

hypocrites at it again

#6 tenman » 2013-03-09 07:21

We acquired the property saying the owners had no money to make it a going interest, and then argue we can't even pay them market value, because economic problems prevent us. When the 23 million usd valuation came down in 2007, we began spending some 54 million EC on what became known as he "fencing scandal" was there really no money? There is too much pride on this issue which prevents a resolution. Based on past events, this ruling will probably be appealed and the interest clock will keep ticking. In matters like this, binding time frames should have been set. UPP government, its past time to throw in the towel on this issue, too much blood has been unnecessarily spilled, there are other ways to get this property providing value again.

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tenman

RE: HMB Decision Handed Down

#5 bjsm » 2013-03-09 07:14

FROM BAD TO WORST POOR PPL CANT GET PAY NOW DEM HAFU COME UP WID MONEY FU PAY DIS CRAP... DEM LIARD POLITRICKTION DAT SAY DEM LUB DEM PPL SO MUCH HOW UP TO NOW ME NA HEAR DEM TEK ONE PAY CUT IN ALL THE MONEY TROUBLE ANTIGUA GOT...BOTH SIDES CAUSE I KNOW FOR A FACT ALL AH DEM AH MEK MOO DAN EBERYBADY IN DE ISLAND... CUT ARU PAY FU HELP EASE THE SQUEEZE... OH THATS RITE I FORGOT U GUYS DONT CARE ABOUT POOR PPL ONLY ELECTION TIME..... MA BAD!!! :-* :-* :-* :-* :-* :-* :-*
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bjsm

No honour....

#4 JB » 2013-03-09 07:14

Justin Simon, Harold Lovell need to resign, be fired and/or jailed immediately...W ah dey went to school for? To learn how to be failures in the positions that they hold? If this was any other country, in the known free world, the people would not be so passively be sitting by and allow their country to be spiraling out of control. Justin Simon has not won a single court case, or if he has it is rather insignificant. I don't understand, why continue to waste money on losing battles. Is he that blind? Or is he so vindictive and childish? that he must flex his muscles, just to prove a losing point? Where is commonsense? If you're wrong, you're wrong - apologize and move on. Why use people's money to fight or appeal cases and charges that you know you cannot win? And as for the Lovell! World-liar! Most incompetent finance minister, the western world has seen. If you were to judge him based on his attire, well you would think differently! But he should get into designing men's clothing and/or dress them! All ah dem sick me 'tomach! The sad thing is, all this government they are sooo barefacely dishonest, that they refuse to resign and admit they wrong. No honor among xxxes!
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JB

Stolen Money Finished

#3 TheEND » 2013-03-09 05:02

Interesting times, concequences, there's no money, so who will they steal it from now. Opens the doors for more law suites. We run this wonderful island like a punch of hooligans. You dont play with me I will take all your stuff.
Put the minister behind bars, but no, he will get house arrest and stay home with his girlfriends. What better life , house, food and xxxx with no more having to attend to anything, and no pay out. Life is great.
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TheEND

RE: HMB Decision Handed Down

#2 Kenred » 2013-03-09 03:55

This will all amount to nought. Lovell will issue the warrant for payment and the Treasury will not pay as it is broke. Then there will be nothing that Querard can do about it. An order of Mandamus is an ordinary civil remedy and under the Crown Proceedings Act the Government is protected against enforcement proceedings in respect of ordinary civil proceedings. Had this action been a Constitutional Motion and a declaration had been made by the court that the constitutional rights of HMB had been violated by way of deprivation of its property without compensation within a reasonable time, then and only then would Querard have some real teeth to enforce against the Government. The Gairy case out of Grenada states that in such a case all of the Government's protections against enforcement fall away once there is a declaration that constitutional rights have fallen away. Then, Querard can really proceed with a contempt motion that has teeth.
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Kenred

Morality and Legality

#1 MY WAY OF HELPING » 2013-03-09 03:42

She deserve her money and it is sad that a "learnt" attorney would try to use the "economy" as mitigating circumstances to pay less (and not to pay) when in fact they did not offer any payment nor would anything (the economy) after the first ruling would matter in my judgment.

Then the attorney General, an attorney General, would propose that a lower court vacate a higher courts ruling? okay, even my nephews know that is rather ignorant, to even mention. Ignorance i tell you.

Now, we have to pay all this money because of our beloved government who does not know when you want something, you must give consideration (payment) for it.

The nice part is, from the tone of this News article, if Lovell does not comply, it will be a criminal contempt of court. Justice.
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MY WAY OF HELPING

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