Business partners close to ending dispute
The owners of both the Total Fitness Centre and Prince Deli and Bakery Ltd. - former UBP MP Clarence James and David Dunkley - could be close to resolving a long-running dispute.
Although separate companies, both the Brunswick Street health club and deli are jointly owned by Dr. James and Mr. Dunkley.
Dr. James began legal proceedings against Mr. Dunkley in August, claiming that the affairs of the company were not being conducted properly. A writ was filed, by Dr. James, under Section 111 and Section 161 (g) of the Companies Act 1984 which allows the court to either regulate the companies affairs or make an order for the purchase of shares of the company by another member or by the company. In Supreme Court on Friday Dr. James' counsel Dennis Dwyer said his client had offered to “buy out” Mr. Dunkley.
Mr. Dwyer told The Royal Gazette that the court was seeking resolution in the matter, which would most likely end in a transfer of shares from one shareholder to the other. The Royal Gazette understands that each party holds 50 percent of the company's shares.
There was a delay in the case however as accountants KPMG must complete a valuation before there can be any transfer of shares. In order for the accounting firm to proceed however a letter of instruction and retainer are required. Mr. Dwyer said his client had complied but the letter and fee had still not been received from Mr. Dunkley.
But Mr. Dwyer said it was hoped that would be received by next week and that the situation would be resolved, with the possibility that it could even be settled out of Court. Meanwhile Mr. Dunkley's counsel, Delroy Duncan was not able to appear on Friday and the case was adjourned until next Friday. Dr. James and Mr. Dunkley also reportedly have a business relationship in Precision Construction Ltd. Dr. James is a director and vice president and Mr. Dunkley is co-owner.
