A businessman has won a court victory against the Hamiltonian Hotel and Island Club, with a judge ordering it to repair a dangerous wall opposite his home.

Carl Paiva has been in dispute with the Hamiltonian management since 1994 when a third of the 80-foot retaining wall collapsed leaving a tangled mass of trees and rubble.

It runs along Ocean Lane in Pembroke, which is the sole access road to two homes co-owned by Mr. Paiva as well as five others. Legal documents claim the 1994 incident narrowly missed killing Mr. Paiva's father-in-law who had just driven down the road.

Although the damage at that time was repaired, Judge Ian Kawaley yesterday ruled that the remaining portion of the wall remains in danger of collapse despite numerous requests since 2005 for it to be repaired.

He ordered the Hamiltonian to repair the wall within 28 days and foot Mr. Paiva's legal bill.

Mr. Paiva, 58, has lived on Ocean Lane for 48 years. He said of the judge's ruling: "I'm very pleased with the outcome and thankful to my lawyer. It's been frustrating and stressful because I have fear — fear that it could topple, and fear for the safety of anyone on the road."

The Hamiltonian Hotel and Island Club did not send a representative to the Supreme Court hearing yesterday. Property Manager Margaret Abbadi declined an invitation from this newspaper to comment afterwards.

Mr. Paiva, who is Chief Executive of C-Travel, was represented by lawyer Mark Diel. In a writ asking the Hamiltonian to repair the wall, Mr. Diel explained that Ocean Lane provides the only access to Mr. Paiva's property and that of the other residents.

"The residents drive and park their vehicles on the roadway. The residents' children use the roadway to play in and the risk of collapse poses a threat to the residents, their children and invitees," he told the court, claiming the wall constitutes a public nuisance.

While the Ministry of Works and Engineering erected danger signs, the Hamiltonian has done nothing to rectify that danger, he said. Mr. Paiva said in a statement: "The wall is, and continues to be a risk to myself, my family, and those using the road. I saw the first collapse and it narrowly missed my father-in-law who had just pulled out of my driveway.

"Had he been a minute or two later, in my opinion he would have been killed... I fear that the hotel's lack of action will result in possible deaths or serious injury. It is not a question of if the wall is going to collapse, but when."

Mr. Paiva lives in one of the two homes affected with his daughter, son-in-law and two granddaughters. Four tenants live in the other property.

He told the court he had paid to have utility lines supported by the wall placed underground because he feared for the life of his six-year-old granddaughter.

The youngster suffers from an eating disorder which means she must be fed by an electric-powered device.

He told the court he worried for her welfare if the wall collapsed and caused a power outage. The judge also heard evidence from Christopher Crisson, a civil engineer and surveyor. He said the wall was dangerous, and in danger of collapse in the event of heavy rainfall.

Mr. Justice Kawaley said he was satisfied the wall was a public nuisance.

He ordered the Hamiltonian to commence work to make it safe within 14 days, to complete this within 28 days, and to send an engineer's report to Mr. Paiva confirming this within 36 days. He also ordered the hotel to pay Mr. Paiva's legal costs.