The country’s former Honourary Consul to Miami and Antigua and Barbuda’s Ambassador to the United Arab Emirates Gilbert Boustany has cleared the air on recent reports that he is being sued by the Yida group.
Antigua News Room (ANR) received a copy of a High Court document which outlined that Yida Zhang had filed a suit against Boustany and four other defendants.
The other defendants named in the claim are: Smith’s Gore BVI Ltd, Lux location’s Ltd, Sam Dyson and Nadia Dyson.
According to the document, the case management conference is set down for November 14, 2017.
However, ANR contacted Boustany via email for clarity on the issue and he said him being named in the suit is a misunderstanding due to the language barrier of the investor, a Chinese national.
Boustany told ANR that after making inquiries about the matter the case has since been discontinued against him.The suit has also been dropped against Smith’s Gore BVI Ltd.
“I learned about some action being taken from Mr Yida against myself and some others, early last month, and travelled to Antigua to immediately meet with Mr Yida and his attorney, only to learn that it was an honest misunderstanding due to his language barrier, and hence I was immediately discontinued from the case,” Boustany said in his email.
He sent a copy of the notice of discontinuance dated October 4, 2017, and with an official stamp of the High Court.
The notice reads: “TAKE NOTICE that the Claimant wholly discontinues this action against the 1st Defendant, GILBERT BOUSTANY and the 2nd Defendant, Smith’s Gore BVI Ltd herein.”
The document is signed by Damien Benjamin of the law firm Steadroy CO Benjamin & CO Solicitors.
Background
This case is a counter-suit which stems from a previous case where the Yida group was ordered by the Eastern Caribbean Supreme Court to pay US$5.4 million to Lux Locations Limited.
The Court ruled in the favour of the real estate company, Lux Locations, which argued that Yida owed it a nine per cent commission on US$60 million sale of the Asian Village Antigua Limited lands.
The lands were bought from the Stanford Company liquidators.
Yida is now suing new defendants in order to recover the funds to pay Lux Locations Ltd.
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The news item is far from accurate. There is more in the mortar than on the pestle.
Yida has discontinued his legal action against Mr. Boustany. But his reasons had nothing to do with a translation error or errors. A document was signed by both Yida and Mr. Boustany which speaks to the real reason why the discontinuance was filed. Perhaps, you can request a copy.
Secondly, the legal action was also discontinued against another Defendant in that suit, Smith’s Gore BVI Ltd. (a world-renowned estate agency), who Yida alleged had appointed Mr. Boustany as its agent.
Thirdly, the Consent Order in the earlier suit against Yida Zhang was for US$3,000,000.00
representing 5% commission, most of which Yida is yet to pay, and now remains an outstanding judgment debt. The other persons who were to share in the additional 4% made an accommodation with Yida to forgo their 4% share.
The counter suit is being vigorously defended, given its false allegations; and its claim for special damages of US$6,350,555.89.
Justin L. Simon, QC
Counsel for Lux Locations Ltd.
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