Baha Mar has fired the latest broadside in the ongoing skirmish between the $3.5 billion megaresort and its neighbor, SuperClubs Breezes Bahamas, in the form of an affidavit filed in Supreme Court by Baha Mar Associate Legal Counsel Tracy Ferguson accusing Breezes founder and Chairman John Issa of having "the ulterior purpose of causing embarrassment to Baha Mar and its principals", among other things.
On October 9, Issa's company PPL sued for an injunction to prevent Baha Mar from trespassing on property that was the subject of a letter of intent between the sides. Issa's affidavit contained a number of claims, including that Baha Mar was behaving like "Goliath" to Breezes' "David". Early in her affidavit, filed on November 21, Ferguson says Baha Mar rejects the comparison.
Ferguson has asked the high court to dismiss the Breezes injunction application and charge PPL the costs, saying that the injunction application was in bad faith and for ulterior purposes. In fact, Ferguson said Baha Mar believes the "spurious allegations" are "possibly defamatory".
Ferguson's counterclaim is that Baha Mar believes the injunction filed by Issa is "in bad faith and made for the ulterior purpose of causing embarrassment to Baha Mar and its principals, injury to Baha Mar by a delay in the construction project, and, altogether, it is believed, with a view wrongfully to secure for PPL a bargaining chip to secure further advantage to PPL with respect to the LOI (letter of intent) transaction."
Baha Mar says that what PPL described as trespassing was in fact a cleanup of the area in question, of which PPL had been informed by letter. Among the reasons for asserting that the injunction request is in bad faith, Ferguson says, is that PPL could have communicated its objection to Baha Mar by email or by letter, notably a letter in response to the one Baha Mar sent informing PPL of the cleanup.
"Yet PPL did not do so," Ferguson said. "Two whole weeks elapsed with no reply. Instead, PPL went straight to litigation by filing the PPL injunction application."
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