Jadoma Investment Ltd and Major Consulting Ltd v FTP Corporate Services Ltd v Fitzgerald (d/b/a Fitzgerald & Fitzgerald (A Firm))

• Jurisdiction: Bahamas
• Judge: Darville-Gomez, A.R.
• Judgment Date: 05 July 2012
• Docket Number: CLE/gen 427 of 2011
• Court: Supreme Court (Bahamas)
• Date: 05 July 2012

Supreme Court

Darville-Gomez, A.R. (Ag.)

CLE/gen 427 of 2011

Jadoma Investment Limited and Major Consulting Ltd.

and

FTP Corporate Services Ltd.

Fitzgerald (d/b/a Fitzgerald & Fitzgerald (a Firm))

Appearances:

Miss Gia Moxey for the plaintiffs

No appearance by or on behalf of the defendants

Damages - Failure to produce corporate documents — Quantum.

Darville-Gomez, A.R. (AG.):

1 This is an application by the first and second plaintiff (“the plaintiffs”) for an assessment of damages. The Judgment in Default of Defence was filed on June 8, 2011.

2 The plaintiffs which are companies incorporated under the laws of the commonwealth of the Bahamas are seeking special damages against the first and second defendants (“the defendants”) for failure or refusal to produce or deliver the corporate files and records in their possession to the plaintiffs.

3 Initially, there was an issue of service of notice of the hearing on the defendants. However, the Court has accepted that service has in fact been affected on the defendants.

4 At the outset, counsel for the plaintiffs indicated that while they had sought in the Writ of Summons to have the corporate records in the possession of the defendants returned that they wished to abandon that claim having already paid to have them replaced. Therefore, they only wished to pursue their claim for Special Damages in the sum of $2,320.00.

5 Mr. Paul Major in his capacity as one of the beneficial owners of the plaintiffs gave evidence. In his evidence he explained that the defendants performed work for each of the companies which included annual corporate work such as corporate filings, mortgages and also provided general advice.

6 He explained that the services of the defendants were terminated in 2010. He noted that he had been billed and paid for work in the sum of $1,350.00 by the defendants. The Court was provided with a copy of the receipt #241912 dated February 11, 2010 which had been issued by the defendants.

7 He went onto explain that the corporate seal and the other filings for which he had paid were not produced to him despite numerous calls to the mother of the second defendant who was the Administrative Assistant. He says that he had even visited her at her home and she kept telling him that the work had been done and she would just get whatever was required. However, despite this the documents were never produced.

8 He then visited the second defendant in Freeport, Grand Bahama and promises were made and again they were unfulfilled. He also had attorney, Maurice Glinton visit the second defendant and again no documents were produced.

9 By letter dated September 21, 2010 which was some eight or nine months after payment...