10272023 BUSINESS

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business@tribunemedia.net

FRIDAY, OCTOBER 27, 2023

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Bahamian developer in deal at Goodman’s Bay By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A WELL-KNOWN Bahamian developer behind projects such as Balmoral, ONE Cable Beach and Aqualina is eyeing the imminent acquisition of a prominent Goodman’s Bay property. Jason Kinsale, who is currently awaiting the outcome of a Planning Appeals Board decision on his Passion Point development at Love Beach, declined to comment yesterday when asked by Tribune Business whether he is in the process of purchasing the ‘Fairview’ property on the Goodman’s Bay strip opposite the Prime Minister’s Office. “I can’t comment right now,” Mr Kinsale replied to this newspaper, although he did not deny his involvement. It is understood that

t ,JOTBMF FZFJOH 'BJSWJFX acquisition t #FJOH TPME CZ CBOL T BENJOJTUSBUPS t 8ZOO ACBDL UP ESBXJOH CPBSE PGUFO Mr Kinsale may be seeking to acquire Fairview in partnership with others, but that his company, Aristo Development, is not involved in the transaction. Multiple sources, speaking on condition of anonymity, told Tribune Business they had first heard of Mr Kinsale’s interest earlier this summer. Others said a “boutique hotel” is being planned for the site, along with a residential component, but this newspaper understands that

JASON KINSALE the deal - if it closes as anticipated - will only involve the latter and no resort element is planned. Fairview, which is located next to La Playa, the westernmost property on that West Bay Street strip, is being sold by Igal Wizman, the EY (Ernst & Young) accountant and partner, in his capacity as statutory administrator for its owner, Lucayas Bank,

which was the former Private Investment Bank (PIB). Tribune Business previously revealed that Fairview lay at the heart of the Central Bank’s October 2021 decision to appoint Mr Wizman to take over Lucayas Bank’s affairs. This newspaper was told then that it carried up to a $15m valuation, more than double the existing price, based on plans to redevelop the near two-acre site into a tourism-driven property or condo hotel such as the GoldWynn project next door. Lucayas Bank’s now-former owners, via a separate company, had also sealed an agreement with the former Minnis administration to purchase La Playa from the National Insurance Board (NIB) but that sale was never consummated. Putting La Playa together with Fairview, this newspaper was told two years ago, would result in a

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‘We’ll go to highest court’ to block Wendy’s from PI By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net MAJOR developers and resorts last night told Tribune Business they are willing to take their campaign to block Wendy’s Paradise Island restaurant “to the highest level of the judicial system”. Glen Haddad, executive vice-president of the Paradise

Island Tourism Development Association (PITDA), which represents the likes of Atlantis, Paradise Landing (Sterling Global’s former Hurricane Hole project), the Ocean Club and Comfort Suites, confirmed in writing that they will bring their opposition to the Londonbased Privy Council if that is what it takes.

Asked by this newspaper how far the Association and its members are prepared to go in challenging the site plan approval granted for the Wendy’s and Marco’s Pizza restaurant, Mr Haddad replied: “Yes, we are prepared to take this to the highest level of the judicial system.” This signals that the Association and its deep-pocketed

members may try to grind Aetos Holdings, the local Wendy’s and Marco’s Pizza franchisee, and its Psomi Holdings subsidiary into submission through costly and time-consuming legal action. Besides planning process appeals, another legal avenue that may be explored is a Judicial Review action to challenge the rationale for the

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Attorney loses appeal on ‘forged’ bank drafts By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BAHAMIAN attorney yesterday failed to overturn the rejection of his “gross negligence” claim against Scotiabank (Bahamas) after two “fraudulent” bank drafts left his account overdrawn by $165,000. Glendon Rolle, who trades as Lord Ellor & Company (Ellor is Rolle spelled backwards), represented himself in trying to persuade the Court of Appeal to alter the original verdict by thenJustice Indra Charles which also dismissed his “breach of fiduciary duty” claim against the

Canadian-owned commercial bank. But appeal justice Milton Evans, in a unanimous verdict, said that - while the Supreme Court’s “conclusion seems unfair” - Mr Rolle was bound by the terms of the small business financial services agreement (SBFSA) contract that he had signed with Scotiabank. This both gave the bank “full immunity” because a fraudulent instrument was involved and the right to recover the overdrawn funds. “The relationship between the parties was expressly stated to be governed by the bank’s standard terms and

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Contracted home sales ‘biggest market change’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BAHAMIAN realtor says “one of the biggest and most consistent market changes” in the 2023 third quarter was an increase in contracted sales for both homes and land in the five major islands. Morley Realty, in its just published assessment of the three months to endSeptember, said: “In the Abaco, Eleuthera and New Providence markets, the contracted sales volume for home and land increased quarter-over-quarter and year-over-year.

“In the Exuma market, the volume of contracted home sales increased quarter-over-quarter and year-over-year, while the volume of contracted land sales increased year-overyear but decreased from the 2023 second quarter. Year-over-year, the Grand Bahama market showed an increase in the volume of both contracted sales of homes and land but also a decrease in volume in both quarter-over-quarter.” The analysis employs data obtained from the Bahamas Real Estate Association’s (BREA) Multiple Listing System (MLS).

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SBF to testify Bahamas looked after FTX clients ‘best interests’

t "OE SFCVU DMBJN #BIBNBT AMFBWF IJN JO DPOUSPM t 0XO BOE CBOLSVQUDZ BUUPSOFZT GBDFE ADPOnJDUT t '59 GPVOEFS UP TBZ IF DPNQMJFE AJO HPPE GBJUI By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net SAM BankmanFried is set to tell a New York judge that Bahamian regulators, and not US bankruptcy attorneys, “were acting in the best interests of customers” immediately after FTX imploded. SAM Attorneys representBANKMAN-FRIED ing the embattled FTX founder, in legal papers filed late on Wednesday night, said their client would give evidence in a bid to rebut testimony from his former partner, Gary Wang, that he transferred digital assets to the Securities Commission of The Bahamas’ custody “in an effort to retain control” of the crypto currency exchange. Mr Bankman-Fried began giving testimony before Judge Lewis Kaplan in the jury’s absence yesterday so that the latter could determine which portions are admissible. However, Mark Cohen, the former FTX chief’s lead attorney, set out the topics that they want to cover in an October 25, 2023, letter. “We intend to elicit testimony regarding Mr Bankman-Fried’s intentions and beliefs on November 12, 2022, to rebut the inferences from Gary Wang’s testimony that Mr Bankman-Fried directed the transfer of assets to Bahamian regulators on that date, over the objections of FTX’s in-house and outside legal counsel, in an effort to retain control of FTX,” Mr Cohen wrote. “This would include testimony regarding Mr Bankman-Fried’s belief that the Bahamian authorities, and not FTX’s in-house counsel

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