By KHRISNA VIRGIL
Tribune Staff Reporter
kvirgil@tribunemedia.net
THE Supreme Court has ordered attorney Keod Smith to pay $375,000 to Save The Bays, which was accumulated by the environmental group in court costs and fees during a legal battle.
According to documents that were filed in court yesterday and obtained by The Tribune, it was ruled that Mr Smith must pay two separate fees – one in the amount of $263,500 and the other totalling $111,500.
As the official court certificates of taxation have been issued, Mr Smith cannot appeal this decision and must pay the costs immediately, The Tribune understands.
This order is part of an application for judicial review between the Coalition to Protect Clifton Bay and names Prime Minister Perry Christie, Deputy Prime Minister Philip “Brave” Davis, Transport and Aviation Minister Glenys Hanna Martin, the Town Planning Committee, Canadian Fashion designer Peter Nygard and Mr Smith as the six parties against whom the case was brought.
It is understood that Mr Smith made several different applications to the court, which were withdrawn. The hefty sum that he was ordered to pay yesterday is the result of the legal hours and fees for the process undertaken by STB.
“The issue to be determined by the court is whether the sixth respondent [Mr Smith] will pay costs occasioned by withdrawing his summons for recusal on a solicitor own client basis – and indemnity basis,” the documents read.
“The background to this matter is important. Leave was granted to the applicant by order filed June 14, 2013 to commence judicial review proceedings against the first through sixth respondents. There were various interlocutory applications by the respondent to set aside the leave, damages and security for costs.
“By a consent order made after a directions hearing on December 12, 2013, all parties agreed a schedule for the hearing of the interlocutory applications to be heard in January and February 2014. Directions were given as to the date of filing application and affidavits in support by all the applicant and respondents.”
A series of other summons documents were filed in relation to this matter.
Attempts were made to contact Mr Smith yesterday, but were not successful up to press time.
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