Replay Destinations (Bahamas) Ltd (Appellant) v Royal Ltd and another (Respondents) (Bahamas)

Hearing listed

Case summary
Appeal

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.