The hearing of the motion for contempt filed by H&F Inc (Humphrey Machinery and Frandec) against Fix-it Hardware Black and Decker Inc for allegedly flouting an injunctive order of September 2007 not to recommence work on the H&F Inc property on Main and Holmes streets has begun and the presiding judge is scheduled to visit the site tomorrow.
On October 6, 2008 Justice Rishi Persaud listened to arguments from the plaintiff and the defendants. Justice Persaud then undertook to visit the site of the dispute on October 10 before ruling.
The motion for contempt was filed by attorney-at-law Stephen Fraser in June 2008 on behalf of the plaintiff H&F Inc represented by director Peter Fraser. It is calling for an order that businessmen Paul James and Ronald James, the registered directors of Fix-It Hardware Black & Decker Inc, be committed to the Georgetown Prison for contempt for alleged violation of an injunctive order granted to H&F by Justice BS Roy on September 12, 2007.
Justice Roy ordered an injunction be granted restraining the defendants from unlawfully or otherwise building or continuing to build and or carry out construction works on the plaintiff’s land until after the hearing and determination of a summons. The defendant was served with the order on September 14, 2007.
The contempt motion states that the defendants failed to obey the order even though one of the directors, Paul James assured the court on April 23, 2008 that his company was complying with the injunctive order when he reported that he had to suspend construction because his bank had withdrawn the loan.
However on May 23, 2008 a sworn land surveyor visited the plaintiff’s premises and on measuring the façade of Lot 29 sub-lot (adjoining lot) found that a structure was erected and that it was 0.25’ (3”) inside H&F premises on the concrete foundation of the structure which was many feet inside the plaintiff’s premises.
According to the motion the contempt involves interfering with, obstructing or impeding the administration of justice by the court, as well as in aiding and abetting, by their actions and that of their servants and/or agents to unlawfully recommence and continue to carry out building works and to enter and go upon the plaintiff’s land at Lot 29 sub-lot A Main and Holmes streets notwithstanding the order of September 2007. The motion is also seeking a writ of sequestration – a prejudgment process which orders the seizure or attachment of property to be maintained under court order and supervision, until the court determines otherwise.
H&F is also seeking a writ of sequestration against Fix It Hardware Black and Decker Inc for its alleged contempt in wilfully disobeying Justice Roy’s September 2007 order against recommencing, continuing to carry out building works and entering the plaintiff’s land; and that the defendant pays the plaintiff for incidental damages.
