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TUESDAY, SEPTEMBER 17, 2019
$4.50 Attorney has ‘nil’ chance to defeat bankruptcy ruling By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BAHAMIAN attorney’s bid to overturn his bankruptcy adjudication has been rejected by the Court of Appeal because its prospects of succeeding “are nil”. Richard Boodle, trading as Richard Boodle & Company, had sought an extension of time to appeal Supreme Court Justice Gregory Hilton’s refusal to set aside the Order declaring him a bankrupt over his failure to pay a $37,000 award. This was obtained by a former client, Rebecca Valrejean, who Mr Boodle had represented in an action against her former employers. She obtained an award for $2,000 plus damages to be assessed on February 18, 2014, after Mr Boodle and his attorney, Julika Thompson, failed to submit a defence within the time stipulated by Supreme Court rules. The Supreme Court’s deputy registrar subsequently determined the damages to be $35,000 at an October 2014 hearing, with the final judgement set down in February 2015. Mr Boodle’s failure to pay resulted in Ms Valrejean taking out a debtor summons against him in June 2015, but payment of the award remained outstanding. This prompted Mr Boodle’s former client to seek a Supreme Court adjudication order that he be declared bankrupt, which was duly granted on June 8, 2016. Yet Mr Boodle sought to have the bankruptcy order “annulled or set aside” just three weeks later, along with a previous default judgment obtained against him by Ms Valrejean. When the case was eventually heard before the Supreme Court, Justice Hilton ruled that the only issue he had to determine was whether Mr Boodle was properly served with the bankruptcy proceedings. Rejecting Mr Boodle’s assertions that he was not, the judge said he preferred the sworn testimony of the two police servers - Sergeant Eric Burrows and reserve police officer Charles Gibson - given that it “was not shaken under cross-examination”. Justice Hilton added that he found Sergeant Burrows “particularly convincing” when it came to recalling
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Minister: ‘We’ll not be at BPL’s mercy again’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A
CABINET minister has pledged that New Providence will “never go through a summer like this again” where the island was held captive daily by Bahamas Power & Light (BPL) blackouts. Desmond Bannister, minister of works, voiced optimism to Tribune Business that the regular three-hour load shedding endured by residents and businesses for months should be “virtually eliminated fairly shortly”. He based his assessment on fall and winter’s expected cooler temperatures, which should reduce energy demand, coupled with the installation of BPL’s new 132 megawatts (MW) of additional generation capacity via the Wartsila engines. While many Bahamians and residents are unlikely to share Mr Bannister’s upbeat analysis until it is matched by the on-ground reality, the minister said the stateowned utility monopoly had by last week restored all the
• Bannister: Load shedding ‘eliminated soon’ • Adds: ‘It’s my job to make that happen’ • BPL targets shortfall cease by month-end
DESMOND BANNISTER New Providence communities it had cut-off during flooding associated with Hurricane Dorian. Ministry of Works inspectors were subsequently required to make sure it was safe to restore power to those affected, with the minister expressing hope that BPL’s new generation capacity will “come online within the next three months”. “We’re never going to go through a summer like the one we went through again,” Mr Bannister told Tribune Business in a recent
interview. “This country will never go through that again, and it’s my job to make sure that happens. “We hope there’s going to be a lighter load with the temperature changing; we anticipate the loads will be lighter, and load shedding will be less frequent. Right now, we expect that load shedding will be virtually eliminated fairly shortly. “BPL is preparing for the engines coming in, that are here already, and they should come online in the next three months and
AN ABACO poultry farm yesterday revealed that Hurricane Dorian had inflicted “at least $1m in damages” and “pretty much destroyed” the 100-acre business. Lance Pinder, operations manager at Abaco Big Bird Poultry Farm, told Tribune Business that the restoration of electricity and banking services were critical to enabling his business and others to rebuild as rapidly as possible. He called on the Royal Bahamas Police Force and Defence Force to beef up their presence against looting and other potential criminal activity, revealing that several neighbours in south Abaco had taken to patrolling with guns to deter any threats. “We estimate that we have at least $1m in
whatever additional power it may be looking at. If there are additional needs we will look at additional power. The first order of business is to install these engines, complete the installation.” Mr Bannister’s comments indicate that no immediate solution to New Providence’s energy generation crisis will be forthcoming, with the government placing its faith in a combination of reduced fall/winter demand and the Wartsila engines to reduce and, eventually, end load shedding. However, Paul Maynard, the Bahamas Electrical Workers Union’s (BEWU) president, reiterated to Tribune Business his expectations that load shedding in Nassau and the rest of the island will last until November and the start of the peak winter tourism season with the Thanksgiving holiday. “Put it in your book. It’s
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Yamaha dealer: 70% of Dorian losses from theft By YOURI KEMP
ABACO’S Yamaha dealership yesterday said up to 70 percent of its Hurricane Dorian losses were incurred from the looting of 103 engines worth a collective $1m. Stephen Albury, the Marsh Harbour-based company’s principal, told Tribune Business: “We are looking at about $1.4m to $1.8m in losses in inventory as a result of Hurricane Dorian, with $1m of that estimate being the result of the theft of 103 Yamaha engines between Tuesday and Thursday of last week at our store in Abaco. “We have good information that the bulk of the missing engines may be in the Sandy Point area in the south, and we are currently working with the police - particularly the Central Detective Unit (CDU) in New Providence,” he added. “We had to file a report
• $1m worth of engines looted from firm • Several of stolen 103 since recovered • Proprietor calls for better police guard
DAMAGES at Abaco’s Yamaha dealership. with the CDU in New Providence because the police presence in Abaco is not being co-ordinated properly. Everyone is being allowed in and out of the central area of Marsh Harbour, and no one is setting up checkpoints
in the area to manage the flow of persons in and out.” Mr Albury added: “I’ve been told by the police that they have found a few of the engines, as well as a few of the suspects have been caught, so we’re hoping that
Abaco farm suffers $1m Dorian damage By YOURI KEMP
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• Poultry producer ‘pretty much destroyed’ • Armed residents patrolling to deter criminals • Inability to insure crops remains big problem damages or more. We are still assessing things now over our 100 acres of property,” Mr Pinder said. “Our farms are pretty much destroyed right now, and there is no access to banking facilities. They need to get a mobile bank or something here as soon as possible. “While you may have access to gasoline from the gas station in Sandy Point, or even access to some dry goods from the store in Sandy Point, you still don’t have any money to buy any of it because there are no banks to get money from.” He argued that “south Abaco should be the staging ground for banking services and commercial activities
now, because Marsh Harbour is totally gone and the south is virtually untouched by the storm when compared to central and north Abaco”. Mr Pinder, however, voiced optimism that South Abaco’s electricity supply can be restored within the next week to ten days, given that this part of the island was less impacted by Dorian’s category five winds and storm surge. Water has only been partially restored, and Mr Pinder added: “Luckily for us our generator survived the storm and we have been able to create clean water from our facilities and at least six pounds of ice a day,
both of which we give away to persons.” “Thus far our freezers are relatively intact. Only one had trouble, but the other three are up and running just fine. Our processing room has significant damage, and it would take many months before we are able to have it back up and running. “We had insurance on our buildings, but no crop insurance, and it is something that we have been battling with the government for years to help us to get sorted out. You simply cannot get crop insurance from the private insurers
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the ones already in custody will talk and that would help us to find the other persons involved in the theft of these engines. “I was told by the police that five of the missing engines were found in a dump truck in the Murphy Town area, as well as a few more that were recovered in the junk yard next to a Bahamas Power and Light (BPL) station.” Mr Albury said the company had also “lost a great deal more” as a result of backhoes and cranes removing debris from around its warehouse. He confirmed that “everything is destroyed” in Marsh Harbour, with the only building left standing being the
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Attorneys praise exchange control ‘red carpet roll out’
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ATTORNEYS yesterday praised the Central Bank’s proposal to relax exchange controls on nonresidential real estate deals as “a rolling out of the red carpet that everyone will welcome”. Adrian White, former head of The Bahamas Bar Association’s real estate committee, told Tribune Business that the move would improve this nation’s competitiveness and attractiveness to foreign direct investment (FDI) in the real estate sector. “I think that’s wonderful news,” he said of the reforms, which the Central Bank plans to implement with effect from October 1. “That’s [exchange control approvals] been one of the most significant problems and impediments to what would otherwise be a more positive outlook on the ease of doing business as far as real estate transactions in The Bahamas are concerned. “If you’ve been in the industry, and dealing with what’s been placed on you, this is a rolling out of the red carpet that I think everyone will welcome. It’s very positive news for the country. It shouldn’t be as exciting as it is, and may seem a simple thing to do, but exchange control restrictions and regulations have hampered excitement in the past and have now been lifted.” Sharlyn Smith, the current Bar real estate committee head, told this newspaper the move had the legal profession’s “wholehearted” support as a “win-win” that would boost real estate market efficiency and competitiveness while still preserving the country’s balance of payments objectives and one:one peg with the US dollar. “We support the introduction of anything that improves the administration process in conveyancing matters,” she said. “This step by the Central Bank certainly does that and it improves what’s there now. It allows sales to be completed quicker and
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