12062016 business

Page 1

TUESDAY, DECEMBER 6, 2016

business@tribunemedia.net

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Court’s new ‘wake-up call’ on Customs abuse By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Supreme Court has delivered another “wakeup call to the Government that they cannot ride roughshod” over the rights of 3,500 Grand Bahama Port Authority (GBPA) licensees, a well-known QC blasted yesterday. Fred Smith QC, the Callender’s & Co attorney and partner, described Justice Estelle Gray-Evans’s December 1 ruling - which has been six years in the making See pg b6

QC: Govt ‘can’t ride roughshod’ over Freeport Kelly’s wins ‘bonded goods’ battle after 6 years Judge imposes permanent bar on goods seizure

Kelly’s Freeport location

Extra damages on ‘high handed’ Customs actions

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Court ruling blow to public service ‘double dip’ end By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Supreme Court has delivered a blow to the Government’s plans to prevent civil service ‘double dipping’ by ruling that this would violate an existing industrial agreement. Justice Ian Winder, in a verdict handed down last Friday, said the Government’s plan to stop public sector workers receiving both their full salary and National Insurance Board (NIB) sickness benefits when ill would breach a recently-registered industrial agreement with a group of educators. He found that the Government could not arbitrarily, or unilaterally, change the 40-plus year practice of

Finds it violates educators’ industrial agreement Govt already delays 10-months on implement Taxpayer in 40-year hit by NIB pick-up and full wage ‘double dipping’ for members of the Bahamas Educators Managerial Union (BEMU) as a result of their July 15, 2015, industrial deal. This permits the union’s members, middle management and See pg b4

Commission petitions Nassau port operator targets 16% profit rise for broker/dealer’s Import volumes ‘compulsory’ wind-up Up to 25% of private already 5% above

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

The Securities Commission is petitioning the Supreme Court to place a Bahamian broker/dealer into compu lsory liq u idation, and appoint a provisional liq u idator to wind it up. Christina Rolle, its executive director, in a November 30, 2016, letter informed all Tillerman Securities’ clients and custodians that the reg u lator has already obtained a Supreme Court Order freezing the company’s entire business. Ms Rolle does not give any explanation for the Securities Commission’s actions, but its decision to press for the broker/dealer’s “compu lsory liq u idation” - and the appointment of a provisional liq u idator - indicates that serious reg u latory concerns and issues are at stake. “This letter serves as notification that the Securities Commission of the Bahamas filed a petition in the Supreme Court of the Commonwealth of the Bahamas on November 7, 2016, for the compu lsory liq u idation of Tillerman Securities under the Companies Act 1992, and under the provisions of the Securities Industry Act 2011,” Ms Rolle wrote. “Justice Indra Charles granted a Preservation Order freezing all account balances of clients, depositors and customers of Tillerman Securities pending fur-

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

Court orders total freeze of Tillerman Securities Regulator seeks provisional liquidator Company appealing against licence cancellation

Christina Rolle ther Order of the Supreme Court.” A copy of the Preservation Order, attached to the letter, shows that Justice Charles and the Supreme Court have completely frozen, or shut down, Tillerman Securities business to preserve the ‘status q uo’ until its fate is determined by the hearing of the winding-up petition. Tillerman Securities, See pg b7

The Nassau Container Port operator is targeting a 16.26 per cent increase in shareholder profits for its 2017 financial year, with import volumes already 5 per cent ahead of projections for the first three months. Arawak Port Development Company (APD), in its 2016 annual report, is projecting that total income attributable to equity investors will increase by more than $700,000 to $5.044 million for the 12 months to end-June 2017. The BISX-listed port operator, updating shareholders on its performance for the three months to end-September 2016, said its direct operating margin (DOM) for the period was 42 per cent - five percentage points higher than forecast. And APD’s revenues

2017 forecast

Revenues, margins up; give 25% Q1 profit increase APD seeks VAT ‘zerorating’ for shipping industry were also “tracking about 1 per cent over budget” for the same three months, helping to produce a 2017 first quarter in which there was a 25.1 per cent yearover-year jump in total comprehensive income - from $1.275 million to $1.596 million. “For the 2017 fiscal year, we are forecasting gross revenue of $28.156 million (2016: $27.08 million) or 4 See pg b5

lands ‘in dispute’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

Up to one-quarter of privately-owned land in the Bahamas is embroiled in ownership disputes, the National Development Plan (NDP) believes, creating a major obstacle to social and economic empowerment. The NDP’s first working draft, released late last week for public consultation, said that among its goals was for the Bahamas to develop a land administration system that “is efficient and fair” by 2040. Acknowledging the flaws in the current system, the NDP - as currently crafted - is focusing on four strategies that involve “investing in the administration of

Development Plan pledges ‘efficient and fair’ system Along with Crown Land transparency, predictability lands, developing a longterm solution to disputed lands, making the Crown Land granting procedure more transparent and predictable and, finally, creating a one-term land use plan to guide decisions for the next 25 years”. It added: “These issues have vexed Bahamians for decades, and it is time to address them in order to See pg b7


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12062016 business by tribune242 - Issuu