Peter Nygard v The Rt. Hon Perry G. Christie, Prime Minister of the Commonwealth of the Bahamas (in his capacity as the Minister Responsible for Crown Lands) et Al

• Jurisdiction: Bahamas
• Judge: Isaacs, JA
• Judgment Date: 01 October 2019
• Neutral Citation: BS 2019 CA 150
• Court: Court of Appeal (Bahamas)
• Docket Number: SCCivApp & CAIS No. 168 of 2018
• Date: 01 October 2019

IN THE COURT OF APPEAL

Before:

The Hon Sir Hartman Longley, President, Kt

The Hon Mr Justice Isaacs, JA

The Hon Mrs Justice Crane-Scott, JA)

SCCivApp & CAIS No. 168 of 2018

Peter Nygard

Intended Appellant

and

The Rt Hon Perry G. Christie, Prime Minister of The Commonwealth of The Bahamas

(in his capacity as the Minister Responsible for Crown Lands)

1st Intended Respondent

The Hon Philip E. Brave Davis, Deputy Prime Minister of The Commonwealth of The Bahamas

(in his capacity as the Minister of Works and Urban Development and the Minister Responsible for Building Regulation)

2nd Intended Respondent

The Hon Glenys Hanna-Martin, Minister of Transport and Aviation of The Commonsealth of The Bahamas

(in her capacity as the Minister Responsible for Ports and Harbours)

3rd Intended Respondent

The Town Planning Committee

4th Intended Respondent

Keod Smith

5th Intended Respondent

Coalition to Protect Clifton Bay

6th Intended Respondent

Appearances:

Mr Carlton Martin, with Mr Rouschard Martin, and Mr Keod Smith, Counsel for Intended Appellant and 5th Intended Respondent

Mr David Higgins, Counsel for 1st through 4th Intended Respondents

Mr Dawson Malone, with Ms Akeira Martin, Counsel for 6th Intended Respondent

Civil practice and procedure - Appeal filed without leave having been obtained — Appeal dismissed.

1 (Notice of Motion: Leave to Appeal)

2 The oral judgment of the court was delivered by

Isaacs, JA

3 Inasmuch as leave is required to launch this appeal, and none having been obtained by the appellant, the ostensible motion before this court is dismissed with costs to the Coalition, fit for two counsel, such costs to be taxed if not otherwise agreed. We have excluded Mr. Higgins's clients on the basis that they were merely here in a watching capacity.

4 Reasons will be provided in due course.

Dated this 1st day of October, 2019

ISAACS, JA