Appellant v Cabinet of Antigua and Barbuda Respondent
FROM THE COURT OF APPEAL OF ANTIGUA AND BARBUDA
JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
Delivered the 5th June 2007
”40. … The site is valuable, and there is no doubt that a developer who has access to funds can expect to make money from it….”
“1. The appellant, HMB Holdings Limited ("HMB"), is the owner of property at Half Moon Bay in Antìgua. This is one of the most beautiful bays in the island. Its white sand, crescent shaped beach has been described as one of the best beaches in the world. The shape of the bay and its secluded environment on the south-eastern corner of the island provide an unusual degree of privacy. For many years there has been a hotel there, known as the Half Moon Bay Hotel. HMB purchased the property in 1971. The quality of the amenities, which were enhanced under its management, made the resort particularly attractive to wealthy visitors from Europe and North America. It was described as a flagship of the Antiguan tourist industry. It made a significant contribution to the local economy.”
“10. Chapter II of the Constitution provides for the protection of fundamental rights and freedoms of the individual. Section 3 guarantees to every person in Antigua and Barbuda, among other rights, protection of his property and from deprivation of property without fair compensation. The protections which then follow include, in section 9, protection from the compulsory taking or acquisition of property except for public use and except in accordance with the provisions of a law applicable to the taking of possession or acquisition and for the payment of fair compensation within a reasonable time… “
