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Case details

Responsible Development for Abaco (RDA) Ltd (Appellant) v The Right Honourable Perry Christie and others (Respondents) (Bahamas)

Case ID: JCPC 2020/0061

Jurisdiction: Court of Appeal of the Commonwealth of the Bahamas

Case summary

Issue

Whether the Court of Appeal erred in ordering the Appellant to provide security for the Respondents costs in the context of a judicial review with a public interest element

Facts

This appeal concerns the proposed development of marina facilities for the Abaco Club resort at Winding Bay on the Island of Abaco in the Bahamas. The Appellant brought judicial review proceedings challenging inadequate consultation on the required permits for the development by the first to ninth respondents, Government ministers and officials (the Government Respondents). The Government Respondents applied for security for costs shortly before the trial was due to commence resulting in its adjournment. The Abaco Club resort, the tenth to twelfth respondents (the Developer Respondents) also then applied to be joined as respondents and for security for costs. The judge granting security for costs in the sum of $100,000 to the Government Respondents and $150,000 to the Developer Respondents. The Appellant appealed to the Court of Appeal where its appeal was dismissed.

Parties

Appellant(s)

Responsible Development for Abaco (RDA) Ltd

Respondent(s)

The Rt Hon Perry G Christie and others

Appeal

Justices

Lord Sales, Lord Hamblen, Lord Leggatt, Lady Rose, Lord Richards

Hearing start date

16 November 2022

Hearing finish date

17 November 2022