museum boss Ed Harris, it was revealed yesterday.

Now the fight will continue after a formal finding for Dr. Harris in the absence of a Goverment case was set aside by the courts.

Works and Engineering Minister Leonard Gibbons said: "It's back to square one.

"The Attorney General failed to enter the conterclaim against the defence, so in fact the defence stood. This is merely setting that judgement aside.'' He added: "I think somebody at the Attorney General's Chambers went on leave and messages weren't forwarded, but I'm not sure. I have not been informed when the case will be heard in court now.'' The twist is the latest in a long-running battle over the old padre's house attached to the former Royal Navy base of HMS Malabar, which was restored by Maritime Museum director Dr. Harris at an estimated cost of around $1 million, but owned by the West End Development Corporation.

But Government has refused to sign a long-term lease on the house with Dr.

Harris -- a lease Dr. Harris insists is normal when a near-derelict building is restored by a tenant.

Instead, Government offered an eight-year lease -- and threatened to evict Dr.

Harris if he did not accept the terms.

But Mr. Gibbons said when the row was revealed that the terms were fair and he hoped a resolution could be found based on "what he has done there and having regard to the fact it's taxpayer's property.'' A spokeswoman for the Maritime Museum said on Friday Dr. Harris was off the Island.

And Ed Williams of Wedco declined to comment on the matter and referred all inquiries to the Works and Engineering Ministry.

Attorney General Elliot Mottley could not be contacted for comment.