Justice Neville Adderley has been ordered to step down from the court battle between fashion mogul Peter Nygard and his billionaire neighbor, hedge fund wizard Louis Bacon.
Justice Adderley had refused to remove himself from the case involving the property right-of-way between the two fueding Lyford Cay residents.
However, Bahamas Court of Appeal Justice Anita Allen overturned Adderley’s decision, after learning there was no opposition from Robert Adams, acting as attorney for Mr Bacon and his Point House Corporation.
The law suit was filed by Mr Nygard who claims that his property was assigned two rights of way across Mr Bacon’s property back to 1984. Nygard’s complaint states that between 2004 and 2008 a gate was constructed “at the eastern end of roadway of the easement” that “restricted or prevented” access to Nygard Cay by Mr Nygard, his family and guests. Mr Nygard says he was never given a key to that gate.
The roadway was also “disrupted, blocked and realigned” without the permission of Mr Nygard, according to the writ.
Mr Nygard claims that the gradient of the roadway was changed ina way that resulted in water being directed towards the gate of Nygard Cay causing an accumulation of water.
The feud between the rich expats has been ongoing for the past six years, with suits and countersuits being filed.
Mr Bacon however, claims that Mr Nygard has encroached on his property, carried out unauthorised construction and is using Nygard Cay in an “unlawful” manner – as a resort or hotel.
Mr Bacon claims that Mr Nygard has transported building materials, supplies and equipment to Nygard Cay to “carry out construction that was not authorised by the Bahamas government or the relevant statutory body or for which the plaintiff had not received the requisite permit or approval.”
He also accuses Mr Nygard of parking on his property; causing his visitors to park on the right of way; using the right of way as a turn around point for vehicular traffic and causing his guests to use the right of way as a turnaround point for vehicular traffic.
Justice Allen would not order an injunction with regard to Justice Adderley’s rulings concerning the case in the lower court, indicating that it could be requested in the lower court before a new judge.
