IN A dramatic turn of events, the Supreme Court on Thursday granted an order for the sale of the property at 15 South Avenue, Kingston 10, for which a demolition order was issued by Government authorities.
The building which was to be Jamaica's first bowling alley was ordered demolished because of several breaches of the building regulations.
The money from the sale of the property is to be used to pay the legal costs incurred by the Government in successfully defending the claim that Auburn Court Ltd., which owns the property, had brought to stop the demolition .
The Kingston and St. Andrew Corporation (KSAC) and the Government town planner and the building surveyor had ordered that the building should be demolished because it was built without approval. The authorities said the building was constructed too close to the roadway and hindered the long-planned widening of South Avenue.
AUCTION OR PRIVATE TREATY
Auburn Court Ltd., through Managing Director Delbert Perrier, took the issue to court. The case eventually went before the United Kingdom-based Privy Council, and Auburn Court lost.
The KSAC and the other parties applied for the sale of the property and Justice Almarie Sinclair-Haynes granted the approval for the sale. The judge ordered that the Director of State Proceedings must have conduct of the sale of the property by way of auction or private treaty .
Attorneys-at-law Katherine Francis and Brian Moodie from the Attorney-General's Depart-ment said the Government was applying for the sale of the property because Auburn Court had failed to pay the legal costs.
SUBSTANTIAL VALUE
Auburn Court owes £45,000 (J$5 million) for the Govern-ment's legal costs before the Privy Council and J$1.5 million for the legal costs in the local Supreme Court and Court of Appeal.
Government lawyers said that since the building is to be demolished, it is anticipated that the sale price of the property will be based on the value of the bare land. They said given its location, the land should be of substantial value.
The judge has ordered the Registrar of the Supreme Court to execute the agreement for sale, instrument of transfer or any other document in relation to the sale , if Auburn Court refuses to comply with the order.
The execution of the sale is stayed for four months.
Attorney-at-law Maurice Frankson represented Auburn Court at the hearing in chambers.
