Senior Counsel Anthony Astaphan

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Senior Counsel Anthony Astaphan has indicated that the recent court ruling against the Barbuda Council may not extended to the Privy Council. 

The court has mandated that the Barbuda Council pay the Peace, Love & Happiness (PLH) Development a substantial sum of about $140,000 following the council’s defeat in a case concerning lease payments related to the Sister Isle project. 

There were suggestions that the Barbuda Council may appeal the judgement but Astaphan said “I don’t think something like that could reach the Privy Council”.

In a recent appearance on the Browne and Browne show, Astaphan elaborated on the details of this significant judgment.

So, what transpired?

In 2017, the Gaston Browne-led administration, in collaboration with the Barbuda Council and PLH, entered into several agreements, including a Memorandum of Understanding (MOU) and an airport escrow account.

Under these agreements, the parties consented to PLH advancing $5 million USD for the construction of the Barbuda International Airport. Moreover, the arrangement stipulated that the rent payable under the respective leases could be deducted from that amount.

However, the Barbuda Council contended that one of the leases did not provide for this set-off, asserting that rent should be paid directly to the council. This disagreement led to the matter being pursued in court.

Astaphan and his legal team successfully argued that the lease concerning 425 acres of land was indeed incorporated within the MOU and the escrow account, containing the necessary provisions for the rent arrangement.

He criticized the council’s decision to escalate the dispute to the courts, emphasizing that the council was fully aware of the terms to which it had previously consented.

Listen to what he said over the weekend