07222016 business

Page 1

FRIDAY, JULY 22, 2016

business@tribunemedia.net

Sarkis pushes for full Baha Mar liquidation By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Sarkis Izmirlian yesterday again sought to present himself as the ‘champion’ of Baha Mar’s unsecured Bahamian creditors, as he moved to push the $3.5 billion development into full liquidation. The original Baha Mar developer’s Granite Ventures vehicle, in papers filed with the Supreme Court, is seeking to replace the National Insurance Board (NIB) as the entity seeking the project’s winding-up/ full liquidation. And it is also pressing the court for an “expedited hearing” of the windingup petition, filed by several government entities on July 7 last year, as part of its strategy to move Baha Mar from provisional to full liquidation. The rationale for Mr Izmirlian’s move is detailed in yesterday’s affidavit from Whitney Thier, Baha Mar’s ex-general counsel, who alleged that the project’s current provisional liquidation “offers little to no hope” that unsecured creditors will ever recover monies owed to them. She claimed that the joint provisional liquidation team of Bahamian accountant, Ed Rahming, and the UK duo of Alastair Beveridge

Wants to replace NIB as full wind-up ‘petitioner’

Munroe to investigate GBPA licensee concerns To seek meeting with minister of investments

Says unsecured creditors have ‘little to no hope’

Concern that industrial park incentives ‘unfair’

Wants to ‘break deadlock’ of receivers, JPLs and Nicholas Cropper, had done nothing to protect or “benefit” Baha Mar’s unsecured creditors since their appointment by the Supreme Court on September 4 last year. Pointing out that the joint provisional liquidators had refused to support Mr Izmirlian’s bid to purchase the rights to Baha Mar’s $192 million legal claim against the project’s main Chinese contractor, Ms Thier said the trio had not received sufficient funding to ensure they effectively performed their role. This had placed sole control of Baha Mar’s fate into the hands of its secured creditor, the China Export-Import Bank, and its court-approved Deloitte & Touche receiver/managers See pg b4

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Baha Mar construction site

QC blasts Sarkis for ‘obstruction’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A well-known QC last night accused Sarkis Izmirlian of mounting “a last ditch effort to obstruct” the potential resolution of the $3.5 billion Baha Mar impasse. Wayne Munroe QC, who represents the Gaming Board and other government entities in the Baha Mar matter, said the project’s original developer was “grasping at straws” with his latest legal manoeuvres. He was speaking after Mr Izmirlian filed a Supreme Court summons that seeks permission to both “accelerate” moves to place Baha Mar into full liquidation,

Munroe says latest legal move ‘grasping at straws’ And ‘last ditch effort’ to disrupt Baha Mar sale Accuses developer of ‘selfishness’ and to replace the National Insurance Board (NIB) as the windingup petitioner with his Granite Ventures vehicle. See pg b5

Sarkis fears Baha Mar ‘undervalued’ in sale By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Representatives for Sarkis Izmirlian yesterday expressed concern that Baha Mar’s receivers were under such pressure that they might “undervalue” the project in any sale, and “abandon” potential assets. Whitney Thier, secretary for Mr Izmirlian’s Granite Ventures vehicle, alleged in a July 21, 2016, affidavit that media and government pressure, and the

threatened downgrade to the Bahamas’ sovereign credit rating, might impair the Deloitte & Touche team’s judgment. “Granite is concerned that the continued public pressure to open the Baha Mar resort that this [media] publicity itself creates, as well as the social and economic impact of a resulting credit rating downgrade, will increase the likelihood of the receiver-managers disposing at an undervalue or simply abandoning the assets of Baha Mar,” Ms Thier alleged.

Bahamian airline mulls staying open By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net A Bahamian airline executive said yesterday that, in company with local auto dealers, he is at the point of assessing whether to stay in business or not, having already scaled back operations and reducing staff by 17 per cent. Captain Randy Butler, the Sky Bahamas principal, told Tribune Business: “We have had to reduce our employment by 17 per cent, and we have had to reduce our operations. “It’s the same thing with the car dealers. It’s a very difficult economic environment, and you have this informal sector with hackers operating at the airport, which Civil Aviation isn’t doing anything about.” Captain Butler added: “We are still at the point of thinking whether we are going to stay in this business for not. The Government has passed the Civil Aviation Bill and the Airport Authority Amendment, and it looks like it’s going to be a lot of fees. We don’t know what those are going to be like. “The Government has been buying more airplanes for Bahamasair and focusing on the domestic market. That has impacted us a bit. We continue to work with the Government because we believe there is a way forward.” See pg b4

Sky forced to scale back, cut employment 17%

Randy Butler

$4.05 $3.98 $4.06

$3.98

QC hired for ‘FLIP’ probe

Such assets, she added, included the $192 million claim brought against the parent of Baha Mar’s contractor, China State Construction Engineering Corporation (CSCEC), to enforce its 2011 work completion guarantee. And Ms Thier further claimed: “Specifically, a concern is the compromising by the receiver/managers of the Baha Mar [$192 million] claim so as to expedite the restart of construction necessary for the opening.” See pg b5

Worried receivers may ‘abandon’ potential assets And likely to ‘compromise’ $192m China claim Believe liquidators can act as ‘check’

Concerned Grand Bahama Port Authority (GBPA) licensees have hired a well-known QC to research potential legal remedies over the controversial Freeport Light Industrial Park (FLIP). Wayne Munroe QC confirmed yesterday to Tribune Business that he had been engaged to study the “fairness” of the joint venture arrangement between the GBPA and FLIP’s developer, Gold Rock Corporation. He disclosed that his research will seek to determine whether Gold Rock CorWayne Munroe poration and its owner, the Florida-based Del Zotto family, have the necessary permits and approvals to carry out the project. And Mr Munroe also revealed that he will seek to meet with Khaalis Rolle, minister of state for investments, over his clients’ FLIP concerns when he returns to the Bahamas. “I’ve been approached by some of the licensees of the Port, because the Port have advanced the FLIP,” the QC told Tribune Business. “While the concept may not be objectionable, in terms of the industrial park, it is how it is being advanced. I’m not sure, for want of a better word, about the legitimacy of that.” The Freeport-based retailer/wholesaler, Dolly Madison, is understood to be among the GBPA licensees who have hired Mr Munroe. See pg b6


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