02062019 BUSINESS

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business@tribunemedia.net

WEDNESDAY, FEBRUARY 6, 2019

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CAPT RANDY BUTLER

Sky’s $500,000 damages battle restored by court By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net SKY Bahamas’ bid to challenge almost $500,000 in damages awarded to a rival Bahamian airline has been reinstated by the Court of Appeal. The court, in a unanimous January 29 verdict, ruled that the carrier’s objection to the sum awarded to Southern Air as a result of a ground collision between their respective planes should be restored notwithstanding that its attorneys failed to appear for a set hearing. The missed date was blamed on “a lapse” in procedures at the Lennox Paton law firm, and appeal justice Jon Isaacs agreed with Southern’s attorney, Gia Moxey-Lockhart, that this “fell far short of being a satisfactory explanation”. However, he ruled: “While it is apparent that there was a breakdown in the internal communication process of [Sky Bahamas] legal advisors’ firm, we were unable to conclude that this excuse was so egregiously inadequate that the applicant should be driven from the judgment seat.” Appeal Justice Isaacs added that the two days taken by Sky Bahamas to apply for its appeal’s reinstatement did not amount to an “inordinate delay”, and Southern advanced no argument that its case or rights had been negatively impacted by the delay. He ruled that it was in “the interest of justice” to reinstate Sky Bahamas’ appeal, which related to the $497,954 damages awarded against it - and in Southern Air’s favour - by the Supreme Court registrar, Donna Newton, on September 25, 2017. The damages, which were broken down into $280,540 for loss of the aircraft’s use; $141,315 for the reduction in the plane’s value; and $76,000 for repair costs, related to a June 1, 2009, accident where the two companies’ aircraft collided on the tarmac at Lynden Pindling International Airport (LPIA). “A 1987 Beechcraft 190CC, 19-seat aircraft owned by JODA LLC and operated by [Southern] collided with [Sky Bahamas] aircraft and sustained a modicum of damage. The applicant [Sky Bahamas] accepted liability for the incident, but disputed the respondent’s damages claim,” the Court of Appeal ruled.

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Freeport mega deal to rescue Lucayan By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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R E E P O RT ’ S economy “won’t look back” if Royal Caribbean’s partnership with a Mexican group to develop mega cruise berths and buy the Grand Lucayan succeeds, Tribune Business can reveal. The cruise line’s tie-up with ITM, a developer of adventure-based theme parks and village-style destinations, was among the investment projects said to be under consideration by the Minnis Cabinet during its Freeport meeting yesterday. The deal, which will likely have a greater economic impact that Carnival’s $100m “Grand Port” project

• Mexican group in resort/cruise tie-up • Four large berths planned for harbour • GB ‘won’t look back after this’ if it comes to fruition, would solve Freeport’s tourism woes by developing the city into a sustainable long-term destination while also taking the troublesome Grand Lucayan off the Government’s hands. Dionisio D’Aguilar, minister of tourism and aviation, declined to comment when contacted by this newspaper about the ITM/Royal Caribbean proposal, but did not deny its existence or that it was discussed yesterday. “We were discussing a number of projects, but nothing I’m at liberty to

discuss right now,” he said. Multiple Tribune Business sources, well-placed to know and speaking on condition of anonymity, suggested that the Cabinet discussions focused on whether to give the proposal an “approval in principle” to allow ITM to firm up its financing and potential project partners such as hotel operators. They added that ITM, which has a strong track record of developing cruisestyle destinations in its homeland, and locations such as the Dominican Republic and Maracaibo,

ROYALFIDELITY’S president yesterday said he hopes its managementled buyout will provide a springboard for immediate Caribbean expansion and ten percent assets under management growth. Michael Anderson, pictured, speaking after the investment bank’s purchase from Royal Bank of Canada (RBC) and its parent group was confirmed, told Tribune Business that it hoped to enter the Cayman Islands market via acquisition by the 2019 second quarter’s end. He added that “a key objective in the next three to

five years” was for the nowindependent RoyalFidelity Merchant Bank & Trust to expand beyond its current

Lucayan managers ‘optimistic’ over payout resolution By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

that he will seek to raise $10m in debt financing “within a week” or so to cover the balance of the purchase price due to RBC and Fidelity Bank (Bahamas), the BISX-listed commercial bank, which have both agreed to sell their respective 50 percent equity stakes to RF Holdings, the vehicle created to facilitate the buyout. The RoyalFidelity chief,

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had presented a proposal that was far superior to any other Grand Lucayan purchase offer submitted to-date. “It’s going to be big, very big,” one source told this newspaper of ITM’s proposal. “This is going to be the start of Freeport’s turnaround. The next thing will be the harbour and the hotel. That will be within three to four months. Then we’re off to the races. “They’re going to build four mega cruise ship berths

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• Purchase a Caribbean expansion springboard • Aiming to close Cayman deal by Q2-end • $10m raise to close RBC, affiliate deal base in The Bahamas and Barbados, transforming itself into a regional pension administration and asset management player. Attracting clients in those sectors would also boost demand for RoyalFidelity’s other services, such as capital markets (investment funds) and estate planning products, which have all “grown consistently” in The Bahamas over the past several years. Mr Anderson revealed

OBIE FERGUSON

A TRADE union leader yesterday said the Grand Lucayan’s managers are “optimistic” that their voluntary separation packages will be finalised shortly once the prime minister addresses their proposal. Obie Ferguson, the Trades Union Congress (TUC) president and lead negotiator for the Bahamas Hotel Managerial Association (BHMA), told Tribune Business that a proposal had been submitted to both Dr Hubert Minnis and Dionisio D’Aguilar, minister of tourism and aviation. He said the total value of the payout sought by around 90 BHMA members was $4.1m, close to their last offer to the Grand Lucayan’s Board, which had refused to go above $3.5m. “We submitted our proposal and are waiting on a meeting to finalise the agreement,” Mr Ferguson said. “I resubmitted the proposal to the prime minister and minister of tourism, and we are optimistic that the matter will be resolved shortly. “The Cabinet was meeting in Freeport today, and once they return I think all efforts will be made to pin down a meeting to finalise it. We are optimistic that the matter will be resolved.” Mr Ferguson spoke as members of the Commonwealth Union of Hotel Services and Allied

RoyalFidelity targets 10% asset growth after buyout By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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Fidelity eyes ‘$7.5m-plus’ profit boost in affiliate exit By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net FIDELITY Bank (Bahamas) will enjoy a $7.5m-plus profit “boost” for 2019 as a result of selling a 50 percent equity stake in its investment banking affiliate, it was revealed yesterday. Gowon Bowe, pictured, the BISX-listed bank’s chief financial officer, told Tribune Business that its independent directors and advisers had determined that disposing of its ownership interest in RoyalFidelity Merchant Bank & Trust was the best way to “maximise shareholder value”. Fidelity Bank (Bahamas) will receive $16.449m, plus half the investment bank’s undistributed earnings and retained earnings when the deal closes, in return for selling its stake as part of

• RoyalFidelity stake sale to realise over $16.449m • Seen as best way to ‘maximise shareholder value’ • ‘Child leaving nest but having to pay parent’

a management-led buyout that was approved on Monday. Describing RoyalFidelity’s acquisition as akin to “a child leaving the nest, but having to pay the parent” to do so, Mr Bowe said its BISX-listed affiliate had decided the deal was in its best interests as it allowed

for the instant creation of shareholder value. The deal, which will result in RoyalFidelity leaving its parent once it closes and receives the necessary regulatory approval, effectively represents the break-up of the Fidelity Group of Companies, one of the largest and best-known financial services providers in the local market. The group was itself created by a management buyout of British American’s Bahamas-based banking interests in the mid-1990s, and RoyalFidelity’s departure means the parent, Fidelity Bank & Trust International, now retains as its main

local interest its 75 percent majority stake in Fidelity Bank (Bahamas). While no longer members of the same financial services group, Mr Bowe said Fidelity Bank (Bahamas) would still look to its former affiliate as “the first choice” when directing clients to providers of capital markets products and wealth management services. He added that RoyalFidelity had matured to the point where it could “fly on its own”, with independence allowing its management and new board to seize new growth opportunities and take the investment bank in their preferred direction.

“Fidelity Bank (Bahamas) 2019 results will be boosted by the sale of RoyalFidelity,” Mr Bowe confirmed to Tribune Business. “It’s difficult to say exactly until the unwinding of the undistributed profits, but effectively you’re looking at a $7.5m gain to the bottom line plus any profits earned from operations up to the date of closing.” That date is currently projected to be early March 2019 (see other article on Page 1B), meaning that Fidelity Bank (Bahamas) will be able to book its share of the merchant bank’s profits for the 2018 full year and first months of 2019. Describing this as an “extraordinary profit” for Fidelity Bank (Bahamas) parent and the 25 percent minority shareholders, Mr

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