A Freeport shipping agent has failed in its bid to have its former general manager and his wife jailed in dispute tied to Carnival's US$600 million Celebration Key port project, reported the Bahamas Freeport Tribune.
Justice Constance Delancy dismissed the application by Bahamas Maritime and Logistics Services (BMLS Ltd) to commit Philip Pinder and his wife, Keldra, to prison for allegedly breaching a Supreme Court injunction.
The judge also rejected BMLS Ltd's request to issue a writ of sequestration against Lighthouse Maritime and Logistics Services, the start-up agency founded by Mr Pinder. She found no evidence that Mrs Pinder or Lighthouse had breached the injunction, noting they were not parties to the dispute.
BMLS Ltd had accused Mr Pinder of making false statements in an affidavit, but Justice Delancy ruled she was not satisfied beyond reasonable doubt that either he or his wife had been in contempt of court.
The ruling is the latest in a bitter legal battle over the Celebration Key port services contract. BMLS alleges Mr Pinder breached his fiduciary duty by using confidential company data to launch a rival firm and compete for contracts.
The Supreme Court had previously issued an injunction blocking Mr Pinder and his firm from receiving payment under the Carnival contract. It also required him to return any profits earned from the deal to BMLS Ltd.
Carnival's legal adviser, Frederick Smith KC, informed Mr Pinder that the injunction barred payment for services rendered. Mr Pinder later succeeded in having the injunction varied by arguing it would cause irreparable harm to his business.
Justice Delancy's July 15 ruling struck out provisions preventing Mr Pinder from being paid and from transferring profits to BMLS Ltd. She also removed the requirement to return deleted company data, citing its recovery as "an impossibility".
Mr Pinder was ordered to return a back-up hard drive and provide access to a company-issued mobile phone. He remains barred from engaging in shipping agency work tied to existing BMLS contracts.
The surviving injunction permits the confiscation of all confidential commercial and financial information belonging to BMLS Ltd, including tax records, financial statements, vendor and client data, and tender documents.