02172022 BUSINESS

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business@tribunemedia.net

THURSDAY, FEBRUARY 17, 2022

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BOB defeats ‘irregular’ $6m default judgment By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

• Bank victorious in one of two ‘highest risk’ legal fights • Judge: ‘Arguable defence with prospect of success’ • Ex-Cabinet minister owns 50% of opposing company

BANK of The Bahamas yesterday emerged victorious in one of its two “highest risk” legal battles after a $6m default judgment against it was found to have been “irregularly” obtained. Justice Petra Hanna-Adderley upheld a prior decision to overturn the October 23, 2017, default entered against the BISX-listed institution by a group of companies alleged to have links to a former Cabinet minister. Her verdict recorded evidence that Damian Gomez QC, former minister of state for legal affairs, was said to be a 50 percent beneficial owner in one of the plaintiff companies, Seaport Construction Ltd, “and may have an interest in the other” corporate entities. The legal dispute with the bank was behind his decision

to resign from the Cabinet in 2015. Besides finding that Bank of The Bahamas had “an arguable defence with a prospect of success” to the claims, the judge also ruled that the “judgment in default of defence” was obtained irregularly because it needed the Supreme Court’s prior approval. Her verdict thus enables the commercial bank, which is more than 82 percent owned by the Government, to breathe a little easier given that the

battle with entities forming the Freeport-based MRC (Meridian Research Corporation) group was ranked as its most important legal dispute alongside the battle with exCabinet minister Leslie Miller. Wayne Aranha, now Bank of The Bahamas’ former chairman, told shareholders in its 2021 annual report: “In the matter of Kaydee Ltd et al versus Bank of The Bahamas, the bank awaits the delivery of the appeal ruling stemming from the ‘judgment in default of defence’ entered against the

DAMIAN GOMEZ QC bank by the plaintiffs in excess of $6m, which was set aside on October 21, 2019.” Justice Hanna-Adderley, setting out the background to the dispute, said it stemmed from the MRC Group’s allegations that Bank of the Bahamas had failed to follow through on various mortgage contracts agreed with

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Auditor General hails Health Visa’s ‘vision’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Auditor General’s Office has hailed the Ministry of Tourism’s “vision and implementation” of the Health Travel Visa despite finding multiple concerns over how the scheme was administered. The Government’s financial watchdog, in a report tabled

in the House of Assembly yesterday, acknowledged that the programme had enabled The Bahamas to check whether visitors and residents were complying with COVID-19 testing protocols and other requirements at the pandemic’s height in a bid to facilitate the economy’s safe opening. “During such extraordinary times government needs to be creative, flexible without

jeopardising good governance (transparency and accountability),” the Auditor General’s Office concluded in a report that appears to fall short of providing the Davis administration, which frequently attacked the Health Travel Visa when in Opposition, with further ammunition for a new offensive.

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TERRANCE BASTIAN

Retailer: Price rises ‘hurting our hearts’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Retail Grocers Association’s president yesterday warned that many merchants would be “forced out of business” by any move to impose acrossthe-board controls on their margins. Philip Beneby told Tribune Business that further government intervention to dictate wholesale and retail mark-ups, as seemingly suggested by a former Price Control Commission chairman, will likely leave many businesses unable to cover already-substantial overhead costs. Asserting that it would be counter-productive to fight inflation using such methods, he added that no Bahamian merchant would willingly “over price our goods” because competitive pressures from multiple rivals would simply force them out of business.

Revealing that “it hurts our heart to see what some of the price increases are”, Mr Beneby said retailers and wholesalers “sometimes have to close our eyes” knowing the potential impact this will have on lower and middle class Bahamians already struggling to make ends meet following the devastation inflicted by the COVID-19 pandemic. He added, though, that many persons were acting as if the current hike in prices was only happening in The Bahamas rather than being recognised as a consequence of inflationary pressures that are impacting the entire world. “They’ll be running a lot of retailers out of business because prices are not in our control,” Mr Beneby told this newspaper of the suggestion by Danny Sumner, former Price Control Commission chair, that

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BISX-listed insurer in 37% profit jump By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BISX-listed insurance group yesterday unveiled a 36.8 percent year-over-year profit increase for 2021 as its top executive said it was “time to be cautiously optimistic” after two years of COVID. Alister McKellar, J S Johnson’s managing director, channelled his Winston

Churchill spirit when telling shareholders: “After two-plus years of COVIDrelated issues, concerns,and worries, it finally feels like time to be cautiously optimistic again. And our financial results for the fourth quarter of 2021 seem to support the change. “The combination of an easing of COVID restrictions, a quiet hurricane

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Health Travel Visa ‘worked bloody well’ • Ex-minister: It gave extra $10m to COVID fight • Auditor General shows ‘not a penny is missing’ • D’Aguilar: Shows PLP’s Kanoo claims fall flat By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A FORMER tourism minister yesterday asserted that the Auditor General’s findings proved the Health Travel Visa had “worked bloody well”, adding: “There’s not a penny missing.” Dionisio DIONISIO D’Aguilar, reactD’AGUILAR ing to the report by the Government’s financial watchdog, told Tribune Business that while the system was “not perfect” it had served to facilitate tourism’s safe re-opening and that of the wider economy while contributing a net $10m surplus to assist the fight against COVID while he was in office. The Auditor General’s Office, while hailing the Minnis administration’s decision to launch the Health Travel Visa, raised concerns about a lack of competitive tendering; government payment procedures not being followed; delays in transferring funds to the Public Treasury; and the “critical” need for the Government to gain more “control over its own revenue collection”. But the report, which was tabled in the House of Assembly yesterday, fell well short

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