The President of the Court of Appeal, Madam Justice Minnet Hafiz-Bertram on Thursday denied former Stake Bank Port Coral developer, Michael Feinstein leave to appeal a decision of High Court Justice Rajiv Goonetilleke.
The lower court judge had denied Feinstein's application to amend his defense in the fraud claim brought against him by Atlantic Bank. This is in respect of the title for the 23.4-acre extension of Stake Bank Island which is in Feinstein's name rather than in the name of Stake Bank Enterprise Limited, now under receivership. Senior Counsel Eamon Courtenay is representing Atlantic Bank.
Eamon Courtenay, SC, Attorney, ABL
"They applied for leave. They don't have an appeal as of right. They applied for leave to appeal that decision. Madam Justice Hafiz today said: your application is dismissed. You have no leave to appeal."
"They of course, signaled that they are going to ask the court, the full court to review it. It's all a matter of delay. It's delaying tactics. And that became very clear in my respectful submission to the court today."
Jules Vasquez
"And while this is ongoing, the asset is wasting. You know, every day the island erodes a little more into the sea, etc.. Is it a concern of your client that while this, legal jousting continues, they're seeing a wasting asset?"
Eamon Courtenay, SC, Attorney, ABL
"It's certainly a concern, I believe, to all parties. And, I believe it is regrettable that the legal fight is continuing while the asset is wasting."
"Well, the opportunity to develop that island and to have it act as some sort of cruise facility, is being delayed, something which everyone recognizes is vital for the development of the tourism sector."
Feinstein was represented by Richard Salter, and the receiver was represented by Dean Barrow.
