Paradise Island Lighthouse and Beach Club Company Limited (Appellant) v The Attorney General of the Commonwealth of The Bahamas (Respondent) (Bahamas)

Case summary

Case ID

JCPC/2025/0047

Jurisdiction

Bahamas

Parties

Appellant(s)

Paradise Island Lighthouse and Beach Club Company Limited

Respondent(s)

The Attorney General of the Commonwealth of The Bahamas

Issue

Is there a binding agreement for the grant of a lease?

Facts

In 2012, Toby Smith, acting on behalf of the Appellant, Paradise Island Lighthouse and Beach Club Company Limited, applied to the Minister for Lands & Surveys (the “Minister”) to lease 17 acres of Crown Land (land owned by the government) on Paradise Island for the purposes of developing a beach club. In May 2018, the Bahamas Investment Authority contacted the Appellant stating that the proposed development was approved, however 5 acres of Crown Land rather than 17 acres was recommended. In October 2018, a memorandum of understanding was signed between the Appellant and the Antiquities, Monuments and Museum Corporation of the Bahamas regarding the proposed developments. On 7 January 2020, the Appellant received a letter from the Department of Lands & Surveys titled “Approval for crown lease” which enclosed a lease for the 5 acres of Crown Land on Paradise Island. The lease provided for the payment of yearly rent of $5,224 per acre or $1 per paying visitor. As instructed by the letter, the Appellant signed the lease and returned it for execution by the Minister. The Minister did not execute the lease. On 12 February 2020, the Appellant wrote to the Minister requesting a comfort letter for his application for Crown Land after becoming aware that Royal Caribbean Cruise Line expressed interest in the same area of land. On 27 February 2020, the Appellant was told that there was no agreement between the Appellant and the Minister regarding the Crown Lands. The Appellant raised an action challenging the assertion that there was no agreement in the Supreme Court. The Supreme Court dismissed the claim. The Appellant appealed to the Court of Appeal of the Commonwealth of The Bahamas. The appeal was dismissed. The Appellant now appeals to the Judicial Committee of the Privy Council (“JCPC”).

Date of issue

3 June 2025

Case origin

Appeal As of Right

Back to top