Bacchus-Browne baffled by appointment of receiver in lawsuits

Attorney Kay Bacchus-Browne is perplexed by an order from High Court Master V. Georgis Taylor-Alexander to appoint as joint receiver manager, Peter Alexander, in two lawsuits — one of which she says he has “nothing to do with”.{{more}}

At a media conference on February 13, at her chambers, Bacchus-Browne, who is part of the group which is helping to raise funds to “Save Nice Radio”, said she is confused as to why Alexander was appointed receiver manager in the lawsuit where BDS Ltd, owner of Nice Radio, owes Prime Minister Dr Ralph Gonsalves over $200,000, and was again appointed receiver manager of BDS Ltd on behalf of Beachmont Estates Inc.

According to High Court claim 406 of 2002, sworn on October 29, 2012, BDS Ltd owes Beachmont Estates Inc $454, 282.69.

“Here you have parties in a completely different lawsuit. That lawsuit is Beachmont Estates Inc. against BDS Ltd. This is a lawsuit that was filed in 2012… It’s a completely different law suit. The order of the Beachmont Estate is being amended by the Ralph Gonsalves suit. I don’t know, the Master is a very learned Master and I don’t know how this order came about like that,” Bacchus-Browne said.

The claim form of Beachmont Estate Inc states that BDS negotiated a loan from Beachmont Estate and executed Bills of Sale bearing the registration number 581 of 2008 and 864 of 2012 as security for some of all the items set out in the inventory in the bill of sale.

The items in the inventory as listed in the claim included a wide array of audio equipment.

The claim further states that BDS Ltd obtained a loan from the claimant to purchase equipment and to refinance the running operations of BDS Ltd.

To date, according to the claim, BDS has paid $137,050. 83 leaving a balance of $454, 282. 69, due and owing under the Bills of Sale.

According to court documents, BDS Ltd has “failed to or refused to repay the said sum of 454,282.69….”

The claim also states that BDS Ltd is in control of the assets as set out in the bills of sale, and as a consequence, Beachmont Estates Inc has “suffered loss and damage”.

Beachmont Estates Inc, whose principal business is Real Estate Development, is owned by Merma DeFreitas. Merma is the sister-in-law of Douglas DeFreitas, owner of BDS Ltd, the company which operates Nice Radio.

According to Bacchus-Browne, BDS Ltd’s legal team has already filed an application to appeal the order to have Alexander appointed as receiver.

Bacchus-Browne explained that the order to appoint Alexander amends an order made in a different lawsuit.

On January 28, 2013, Master Taylor-Alexander signed a consent order appointing Trevor Edwards receiver manager of BDS Ltd on behalf of Beachmont Estates Inc.

Two days later, she also granted an application for Peter Alexander to be appointed receiver manager for BDS Ltd.

“I have never heard that. It is not legally permissible. I do not know how you can amend an order made from another lawsuit and the matters were never consolidated.”

She added that the order speaks of a consent order, noting that a consent order can only be amended with a consent order.

In July 2011, Bds Ltd and talk show host Elwardo Lynch were ordered by the Court of Appeal to pay Prime Minister Dr Ralph Gonsalves damages of $140,000, plus $20,000 costs at the High Court, the cost in the Court of Appeal of $20,000 and five per cent interest from 2008, the date of assessment.

The money was ordered paid in relation to a defamation suit the prime minister won after Lynch had made comments about the financing of a trip to Rome for some members of the prime minister’s family.(KW)