DeGroote wins `early round in a long fight'
million private island off Bermuda.
A judge ruled that grain heiress Mrs. Marion MacMillan, owner of Perot's Island, must go through with a signed agreement to sell it to the former trucking boss.
But Mr. DeGroote was awarded only about $235,500 damages, instead of about $3.5 million he claimed.
And Mrs. MacMillan's lawyer, MP Mr. Julian Hall, said she would appeal the decision.
"This is an early round in a long fight,'' he declared. "No-one's moving anywhere and no-one's going anywhere.'' Mrs. MacMillan did not attend yesterday's hearing and nor did her lawyers, Mr.
Hall and Mr. Robin McMillan. They were on business trips overseas, and she was represented instead by Mr. Nick Hoskins, from Mr. Hall's office.
Mr. DeGroote was there to hear the decision from Supreme Court Judge the Hon.
Mr. Justice Ground.
"I'm very pleased, needless to say,'' said the 59-year-old self-made millionaire. He began legal action two years ago after Mrs. MacMillan had a change of heart over the sale.
"It's just too bad it had to last so long. It should have been a very simple real estate issue, but unfortunately these things happen.'' The judge said Mr. DeGroote might have won the case much earlier were it not for a sworn statement made by Mrs. MacMillan which was "regrettably false'' in four areas concerning Betco, her real estate firm.
"I have considered referring the matter to the Attorney General to consider whether it merits a prosecution,'' said the judge.
"However, I do accept (Mrs. MacMillan's) explanation, which is essentially that she signed what her lawyers put in front of her and relied upon them to get it right. That at least negatives dishonesty on her part.'' Mr. Justice Ground dismissed claims from Mrs. MacMillan of misconduct by Betco, Mr. DeGroote's real estate agents Coopers, and the lawyers she used for the sale, Appleby, Spurling and Kempe.
He also rejected her claim that she would suffer great hardship if she was forced to sell her home, although he sympathised with her reluctance to sell.
Mrs. MacMillan, 60, argued that she relies on the advice and guidance of her "counsellors'' and "psychological support group'' in Bermuda. But the judge said there was no evidence to show she would have to leave the Country if the sale went ahead.
The trial also heard of Mrs. MacMillan's sheltered life, affected by personal tragedy. She was physically abused by her alcoholic mother and suffered three broken marriages, she said.
The trial heard allegations she was pressured into the deal. But evidence did not show she was vulnerable in the business world, the judge ruled.
"I formed the impression that (she) was a firm and capable woman,'' he said.
She was not "in any way to be regarded as helpless or easily put upon''.
He added: "The truth is that (she) was glad to make this sale, and only later changed her mind.'' She did so because a planned move to the Isle of Man hit problems, and because she held two successful counselling meetings on Perot's Island, the trial heard.
Mrs. MacMillan must pay the $425,000 real estate commission for the deal plus interest, the judge said. A further hearing will decide who pays legal costs.
Mr. John Riihiluoma, lawyer for Mr. DeGroote, was asked whether he expected the case to go on, maybe to the Privy Council in London. "She's got the money to do it,'' he said.
Mr. Hall said his side were "not terribly bothered'' by the ruling.
"We're particularly happy that the phenomenal claim for $4 million damages has been dismissed.'' He said there were errors in the ruling which would be brought up on appeal.
He also "completely disagreed'' with Mr. Justice Ground on the question of Mrs. MacMillan's sworn statement.
He expected to be granted a stay of execution. "She is prepared to do everything that is legally available in order for her to keep her home. It's very early days yet.'' Mr. Michael DeGroote.
