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
(1) Can an appellant rely on arguments in the Judicial Committee of the Privy Council that were not advanced before the Court of Appeal?
(2) Was the Court of Appeal wrong to uphold or remake a security for costs order in favour of the respondents?
Facts
Responsible Development for Abaco (RDA) Ltd. (“RDA”) is a Bahamian registered company. Its stated aim is to ensure that development in Abaco is sustainable, environmentally sound and ecologically responsible.
In March 2016, RDA filed an application to bring judicial review proceedings against respondents (1) to (9) (the “Government Respondents”) in respect of their decisions regarding grants, permits and approvals for the proposed development of marina facilities for the Abaco Club resort at Winding Bay on the Island of Abaco. RDA’s challenge was based on alleged failures in the Government Respondents’ decision-making process. In December 2016, respondents (10) to (12) (the “Developer Respondents”) applied to be joined to the proceedings.
Both the Government Respondents and the Developer Respondents applied for security for costs orders (which were, in this case, security from RDA, to be provided by cash, bond or letter of credit from a bank). The Supreme Court granted security for costs in the sums of $100,000 to the Government Respondents and $150,000 to the Developer Respondents. RDA appealed the orders to the Court of Appeal where its appeal was dismissed.
RDA now appeals to the Judicial Committee of the Privy Council.
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
| Watch hearing | ||
|---|---|---|
| 16 Nov 2022 | Morning session | Afternoon session |
| 17 Nov 2022 | Morning session | |
Judgment details
Judgment date
31 January 2023
Neutral citation
[2023] UKPC 2