Battle over Hevron/Victoria properties

THE developer of the failed Hevron Heights townhouse project in Champs Fleurs will only be allowed to remove a portable back-up generator and two 50-gallon water heaters from her property at Victoria Square, Port of Spain.

Leonora Deslauriers sought to restrain Guardian Asset Management (GAM), its bailiffs and high court marshals from disposing of her furniture, fittings and fixtures, appliances and personal belongings, personal property, heirlooms, and private and legal papers at the property.

Guardian Asset Management took possession of the Victoria Square property as part of a judgement debt owed to it for a loan of $18.6 million to develop Hevron Heights. The company put the incomplete townhouse project up in a public auction in April, but it failed to sell.

In a press notice last week, GAM invited bids for Hevron Heights. On March 14, a notice was affixed to the Victoria Square property by a marshal, declaring that it was under court order. Six days later, the marshal took possession of the property by changing the locks.

Deslauriers said she was not allowed to remove several large personal items, but GAM said the items she listed were fixtures to the property, not large personal items.

In a ruling, Justice Ricky Rahim allowed Deslauriers to remove only a UPS backup power supply and the water heaters.

David Deslauriers also sought to retrieve fish tanks and fish, but according to the judgement, the parties sorted out that issue between themselves. Rahim also did not make an order for desks belonging to a previous tenant of the Deslauriers.

The couple lost two appeals in the Privy Council, last year, one of which challenged the local courts decision to allow GAM to sell the property to repay the outstanding money.

They suggested, instead, selling the unfinished development at Champs Fleurs, which was held on mortgage for the loan, as it was more valuable. The Victoria Square property will also be auctioned off at a later date.