In a well reasoned Ruling, Madam Justice Fraser dismissed the applications by the Bahamas Real Estate Association to appeal the decision where the Court found that the Association breached section 35 of the Act by not affording to Mr. Smith a right and opportunity to be heard prior to BREA’s decision to refuse him a renewal licence to engage in the practice of real estate.
The Court addressed the salient points to be considered on the hearing of an application for leave to appeal and a stay of a Ruling pending an appeal.
Mr. Smith stated that he was delighted at the result and commended his fine team of lawyers.
Mr. Smith was represented by Raynard Rigby and Magan Taylor of Baycourt Chambers.
Download: Smith v BREA