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Case details

CMK BWI Ltd and 7 others (Appellants) v Attorney General of the Turks and Caicos Islands (on behalf of the Crown and Government of the Turks and Caicos Islands) (Respondent) (Turks and Caicos Islands)

Case ID: JCPC 2021/0075

Jurisdiction: Court of Appeal for the Turks and Caicos Islands

Case summary

Issue

Whether the Respondent was in breach of contract by not executing the “Downtown Restoration Lease” to the Plaintiffs at a peppercorn rent.

Facts

The Appellants are the developers of property situated in South Caicos to whom the Turks and Caicos Government (“the Government”) in 2008 granted the right to carry out a mixed-use development (“the 2008 Agreement”). The total cost of the development would be $100,000,000.

The agreement included the right to restore and use as part of the development certain parcels of Crown land. These parcels were to be granted to the developers in the Downtown Restoration Lease at a peppercorn rent if and immediately after they had invested $2 million on “Island Improvements”.

By a settlement agreement in 2013, the parties entered into an amended agreement. This agreement held that there was no longer a requirement for the Appellants to present proof of having expended $2m in order to obtain the Downtown Restoration Lease, although it was necessary for the Appellants to notify the government that they were ready to commence the Island Improvements.

The day after the execution of the 2013 Agreement, the Appellants notified the government that they were ready to commence the Island Improvements and requested that the government execute the Downtown Restoration Lease. In January 2015, the government notified the Appellants that it would not execute the Downtown Restoration Lease.

The Appellants commenced proceedings in the Supreme Court in July 2016 seeking various declarations and other relief. The Supreme Court dismissed the Appellants’ claim. The Court of Appeal dismissed the Appellant’s appeal in respect of the Downtown Restoration Lease.

Parties

Appellant(s)

CMK BWI Ltd and others

Respondent(s)

Attorney General of the Turks and Caicos Islands (on behalf of the Crown and Government of the Turks and Caicos Islands)

Appeal

Justices

Lord Briggs, Lord Kitchin, Lord Leggatt, Lord Burrows, Dame Sarah Asplin

Hearing start date

11 July 2022

Hearing finish date

11 July 2022