COMMONWEALTH OF THE BAHAMAS                         2005/PUB/jrv/FP/5
                  
IN THE SUPREME COURT  

Public Law Division     
                                                         
In the Matter of an application for Judicial Review

B E T W E E N: 

THE QUEEN

and

WENDELL MAJOR
As Secretary to the National Economic Council

The First Respondent

- and -

THE MINISTER RESPONSIBLE FOR CROWN LANDS
In the person of the Honourable Mr Perry Gladstone Christie
Prime Minister of the Commonwealth of the Bahamas
The Second Respondent
- and -

THE TREASURER OF THE BAHAMAS
The Third Respondent
-and-

PASSERINE AT ABACO LIMITED
The Fourth Respondent
-and-

PASSERINE AT ABACO HOLDINGS LIMITED
The Fifth Respondent
-and-

BAKERS BAY LIMITED
The Sixth Respondent
-and-

BAKERS BAY HOA LIMITED
The Seventh Respondent
-and-

BAKERS BAY MARINA LIMITED
The Eighth Respondent
-and-

BAKERS BAY FOUNDATION LIMITED
The Ninth Respondent

Ex parte

SAVE GUANA CAY REEF ASSOCIATION LTD.
The First Applicant
- and -
AUBREY CLARKE
The Second Applicant
 

ExParte Summons pursuant to R.S.C 1978 ORD 52
 

We wish to have the application dealt with by the Supreme Court.

This application is made Ex parte with notice to the Respondents.

Part A

We Attorneys for the First and Second Applicants intend to apply for an order, a draft of which is attached, that:

1. The Applicants be  and are hereby granted leave to apply for an order that the Officers and Directors of Fourth through Ninth Respondents listed in the Statement hereto be committed to Her Majesty's Prison at Fox Hill  for their contempt of this Court in breaching their voluntary undertaking given to the this Court on the 22nd of November 2005;

1. And that the Fourth through Ninth Respondents pay to the Applicants the costs of these proceedings, because the various breaches of the undertaking created a substantial risk that the course of justice in proceedings at the Supreme Court will be seriously impeded or prejudiced.

Part B

We wish to rely on the Statement attached and the Affidavit in Support of the application for leave to apply for an order of committal.

Dated 8th March, 2006

Callenders & Co.
Counsel and Attorneys-at-Law
Suite C, Regent Centre East
The Mall Drive
Freeport, Grand Bahama
The Bahamas

Attorneys for the Applicant