Amid reports that Grand Bahama Port Authority Chairman Hannes Babak is preparing to resign from the chairmanship of the Port Authority, the Journal has now learnt that Caroline St. George has increased the pressure on Sir Jack Hayward and the estate of her late father by filing an application for summary judgment and judgment in default of defense against the Port Group of Companies Ltd. and the Grand Bahama Development Company.
“This essentially would bring both actions to a head very quickly and may result in judgment being granted against both companies in the terms of the statements of claim or on such terms as the court deems just,” said Damian Gomez, Ms. St. Georgeﾒs attorney and spokesman.
Ms. St. George is the daughter of the late Port Authority shareholder Edward St. George. Sir Jack was his partner. Ms. St. George is also suing him directly.
Mr. Gomez has confirmed that it is the intention of Caroline St. George to move as swiftly as possible to conclude the litigation involving among other things her late fatherﾒs estate.
“Her intention is to ensure that the economy of Freeport is not damaged by unnecessarily litigation,” her attorney said Sunday.
Affidavits in support of the applications for judgments are expected to be filed today.
In those affidavits, Ms. St. George lays out her claims against the Port Group of Companies Limited and the Grand Bahama Development Company.
As reported by the Journal earlier, she alleges that in October 1999, Mr. St. George and Sir Jack “unlawfully” caused the entirety of the issued share capital of Leedej Limited, which is owned by Ms. St. George, to be purportedly transferred to the Grand Bahama Development Company without paying any consideration to her.
Her attorneys have also filed a writ in the Supreme Court Registry in Freeport alleging that on October 19, 2000, Mr. St. George and Sir Jack “unlawfully caused the entirety of the issued share capital of Carrick Limited”, to be transferred to the Port Group Limited.
Ms. St. George, according to one of the lawsuits, was a 50 percent owner of the Bahamas-incorporated company, Carrick Limited, but the sole owner of Leedej Limited.
Both companies own land in The Bahamas.
The lawsuits say Mr. St. George was his daughterﾒs attorney-at-law when he approved the transactions.
Ms. St. Georgeﾒs attorneys allege that the transfer of the shares of Leedej took place without her knowledge, and was effected to her detriment and disadvantage, but to the benefit and advantage of her attorney, agent and father the late Edward St. George.
It further alleges that the transfer of Ms. St. Georgeﾒs shares was effected in breach of the fiduciary duties Mr. St. George owed his daughter.
She claims that the transfer of the shares was effected by “undue influence”.
In both lawsuits, Ms. St. George, a resident of Freeport, is seeking an account and enquiry of her assets allegedly being held by the Port companies.
She is seeking to receive monies she believes would be due to her following such a probe, and also wants equitable interest and interest pursuant to the Civil Procedure (Award of Interest) Act, 1992.
Along those lines, Ms. St. George is asking the court for a declaration that the Grand Bahama Development Company holds 100 percent of the issued share capital of Leedej Limited.
As an alternative, she is asking the court to order the Grand Bahama Development Company to return to Leedej Limited properties that have been conveyed to it since October 1999.
Meanwhile, reports have been circulating in the Grand Bahama community all weekend that Hannes Babak ﾖ whose appointment in June set off a firestorm ﾖ is preparing to step down as chairman.
But Port Authority CEO Sir Albert Miller said he did not know of any such thing when he spoke with The Bahama Journal on Sunday.
It is understood that Mr. Babak and other Port Authority officials met with Prime Minister Perry Christie last week.
Sources close to the Port told The Bahama Journal on Sunday that Mr. Babakﾒs resignation could come as early as this week, but the Port Chairman could not be reached for confirmation last night.
By: Candia Dames, The Bahama Journal
