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BUSINESS, PROPERTY, WILLS, AND TRUSTS
Replay Destinations (Bahamas) Ltd (Appellant) v Royal Ltd and another (Respondents) (Bahamas)
Case summary
Case ID
JCPC/2024/0095
Jurisdiction
Bahamas
Parties
Appellant(s)
Replay Destinations (Bahamas) Ltd
Respondent(s)
Royal Ltd, Ocean Club Luxury Estates Ltd
Issue
Facts
On 4 March 2017, the Appellant and the Respondents entered into an Agreement for Sale for the purchase of Unit 903, One Ocean Condominium, Paradise Island. On 8 March 2017 the Appellant and the Respondents entered into an Addendum to the Agreement for Sale whereby the Appellant agreed to construct a “white box finish” of the unit. The Respondents paid a deposit of $774,590.53 to the Appellant as per the Agreement for Sale. Pursuant to the Agreement for Sale and the Addendum, the parties agreed for the works to be completed in accordance with final approved design plans to be provided by the Respondents. The transaction did not complete. The Appellant issued a default notice on 12 September 2018 and a termination notice on 4 October 2018, alleging that the Respondents had committed breaches of the Addendum which led to the non-completion of the white box finish. The Appellant claimed that it was entitled to retain the deposit paid by the Respondents. On 16 January 2020, the Respondents commenced legal proceedings against the Appellant seeking the return of the deposit and damages for breach of the Agreement for Sale and Addendum by the Appellant. In the Supreme Court, the trial judge found that both parties had committed breaches of the Sales Agreement and made no order as to damages. The Appellant was ordered to refund the deposit to the Respondents. The Court of Appeal agreed with the Supreme Court, dismissing the Appellant’s appeal. On 16 October 2024, the Court of Appeal granted the Appellant final leave to appeal to the JCPC.
Date of issue
27 November 2024
Appeal
Justices
Hearing dates
Start date
20 October 2025
End date
20 October 2025
Watch hearings
20 October 2025 - Morning session
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Change log
Last updated 20 October 2025