Antigua St. John's - On Friday, Justice Jennifer Remy delivered her decision in the matter brought by HMB Holdings Limited against Harold Lovell, in his capacity as minister of Finance.
At issue was the statutory duty imposed by the Land Acquisition Act on the minister of Finance to issue a warrant for compensation to be paid out from the Treasury, following a compulsory acquisition of private property by the Government of Antigua & Barbuda "for a public purpose".
At the hearing held on Monday, March 4, Attorney General Justin Simon conceded that the minister failed to perform this duty, and did not oppose the issuance of the mandamus order. However, he asked the court to allow the quantum of the payment due and owing, to equal the amount derived from the value of the property as established by the Board of Assessment (US$23.8 million) and not on the value as determined by the Supreme Court of Appeal (US$45.5 million).
In her order, read yesterday morning in open court, Justice Remy agreed with the opinion of the counsel for HMB Holdings Limited, who argued that the government had already asked the Court of Appeal for a stay of its increased valuation until the Privy Council rules on the matter. Because that stay was denied, a judge in the High Court could not now effectively overrule a higher court’s decision by changing the amount established by the Court of Appeal as compensation due and owing.
Furthermore, Justice Remy did not find that the economic challenges facing the government, presented by Minister Lovell in his affidavit, were mitigating reasons for his failure to perform the duties of his office under the Land Acquisition Act.
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47 Comments In This Article
Hmb
Sylvie
Lovell
Joe
HMB Got Its Justice...The Fox Got Outsmart!
Quote:http://www.caribarena.com/antigua/news/latest/101395-hmb-write-to-imf-following-lovell-letter.html#ixzz2NAyjbGzu
Finally, Lovell words come back to haunt him, and, I hope he takes it back (When will our leaders learn to cry...Oh When The Saints Go March In).
I believe Ms. Natalia Querard, managing director of HMB Holdings Limited, said it well when she said "Actions have consequences, and what has been wrong from the beginning cannot become right without changing direction."
I could agree more!
Dig It
beating a dead horse
Quote:Here is the AG:
Quote:You then stated:
Quote:Again: I refer you to the AG's statement and then ask yourself if we had to pay her irregardless to the appeal and did not, why would interest not apply?
..
tenman
tenman
Fact Checker
Fact Checker - get your facts straight, this is not the snakepit
Quote:..
tenman
RE: HMB Decision Handed Down
dualcore
@ Fact Checker
SlyThatGuy
Tenman
On the other hand if the government looses then all the interest should apply.
Fact Checker
RE: HMB Decision Handed Down
Say What
Fact Checker
..
tenman
RE: HMB Decision Handed Down
http://www.caribarena.com/antigua/news/latest/7880-hmb-holdings-settlement-details.html
Fact Checker
RE: HMB Decision Handed Down
ANTIGUAN WOMAN
Circus Clowns
DadliSun
RE: HMB Decision Handed Down
It pays to have friends in high places!
Godson
RE: HMB Decision Handed Down
zzzzz
Bad decision makers
JD
Remember
Jane
RE: HMB Decision Handed Down
CIROC
@ lenin
Observer...
@ Just saying it
Observer...
Conflict
Villager
RE: HMB Decision Handed Down
ECHO
sing??here we go again
Mr.Cool
what a price
Lawd Gad, I thought; I think; I know;
SLAVERY DONE...
What a lie, they're telling, I
Granny holding her belly,
Mammie can't stop cry!!!
Because, her children are hungry,
That's why; the youth'$ are willing,
To rob, shoot and kill,
To get their hands on a few dollar bill'$.
What a thing, as the bells toll,
The choir's sing,
And, the politicians are merrily dancing,
Like troll's....
Jumbee Picknee
HMB Decision Handed Down
SlyThatGuy
Utter Nonsense !! Give it Back!!!
And another ting, if yuh keep loosing case, why yuh hab de same lawyer? maybe de Hon. P.M. should look for a new AG.....
Really Justin!!! This shows a lot about.....
Attorney General Justin Simon conceded that the minister failed to perform this duty, and did not oppose the issuance of the mandamus order. However, he asked the court to allow the quantum of the payment due and owing, to equal the amount derived from the value of the property as established by the Board of **sment (US$23.8 million) and not on the value as determined by the Supreme Court of Appeal (US$45.5 million).
Neutral
Full Moon Madness
Noodles EVERYDAY
RE: HMB Decision Handed Down
Rasta man
Elderstate woman
Jane
@ Mr Right Direction.
When ALP get back in I hope that they put all you UPP tricksters in jail where you all belong. The UPP is the most inadequate set of fools ever to try and run a country. Not one of them has ever run a business in their life and we have been misled to think that they know what they are doing. Never again will, I vote for UPP.
The Unpopular Poo Poo, what a smell they leave behind them.
Mr Sabruski
WHY? WHY? WHY?
skyewill
for love of country
I am only now to certain that a viable opposition would have caused the folding of this Government. How are they still in power?
Even though we are close to elections I believe another party can roll over the other two. Rise up my people!!!!!!!!! !!!!!
lenin
Pay? Antigua meborn.
The wolrd looks on and smiles.
Just saying it
RE: HMB Decision Handed Down
When will this government learn you can't just steal land and ignore your countries own laws without there being repercussions.
Just Sayin
Kenred
Colin
oh really???
Busy Bee
Really??
Young analyst
Communism!
Bachra Mary
RE: HMB Decision Handed Down
not again
RE: HMB Decision Handed Down
JB
hypocrites at it again
..
tenman
RE: HMB Decision Handed Down
bjsm
No honour....
JB
Stolen Money Finished
Put the minister behind bars, but no, he will get house arrest and stay home with his girlfriends. What better life , house, food and xxxx with no more having to attend to anything, and no pay out. Life is great.
TheEND
RE: HMB Decision Handed Down
Kenred
Morality and Legality
Then the attorney General, an attorney General, would propose that a lower court vacate a higher courts ruling? okay, even my nephews know that is rather ignorant, to even mention. Ignorance i tell you.
Now, we have to pay all this money because of our beloved government who does not know when you want something, you must give consideration (payment) for it.
The nice part is, from the tone of this News article, if Lovell does not comply, it will be a criminal contempt of court. Justice.
MY WAY OF HELPING
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