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Focus liquidators awarded costs

but substantially scaled back what liquidators for his Focus group of insurance companies wanted.And the British businessman, whose appeal to the Privy Council against an "Unless'' order failed this summer,

but substantially scaled back what liquidators for his Focus group of insurance companies wanted.

And the British businessman, whose appeal to the Privy Council against an "Unless'' order failed this summer, has taken his case to the European Commission on Human Rights.

It may be one of the first cases from Bermuda taken to the European Court and Hardy said from London that he has now filed all of the papers with that court.

And on the award, he said that although the Focus liquidators had applied for about 150,000, they were awarded only 46,000.

He said: "Combined with the Bermuda Bar Council's ruling in the disciplinary proceedings that the bringing of contempt proceedings against me was not for the benefit of the estate, it does call into grave question just why such massive amounts of money are being run up in the liquidation of Focus that is of no benefit to the estate.

"I am reliably informed that the value of the estate is less than half a million dollars at the moment.'' When asked about the 46,000 award against him, Hardy said: "It goes with the judgment. I'm bankrupt. Where do they think they are going to get that money from? What on earth do they think they are doing?'' Focus liquidators Mr. David Lines and Mr. Peter Mitchell of Cooper & Lines were both off the Island and unavailable for comment.

The Law Lords of the Privy Council in July threw out an appeal by the one-time Bermuda insurance company boss and ordered him to pay the costs for the failed action. The appeal was against orders issued by the Bermuda Supreme Court to restrict Mr. Hardy from access to certain assets and requiring him to disclose a complete list of all assets.

The liquidators' lawyers are Mello, Hollis, Jones & Martin. The legal response before the Privy Council was led by Mr. Saul Froomkin QC, who was off the Island and unavailable for comment. Also representing the liquidators from the firm was lawyer Mr. Andrew Martin, who said he hadn't heard the final outcome of the hearing on the matter of costs.

Mr. Hardy is the former owner of defunct Bermuda-based Focus group of insurance companies. He was declared bankrupt in a British court and has been struck off the register of chartered accountants. He was accused of milking Focus of almost $20 million.

In December, 1992, Hardy faced possible prison when he was declared in contempt by the Bermuda Supreme Court, after being found to be in breach of Mareva orders that restricted his access to certain assets and ordered him to disclose his full list of assets.

The case revolves around the attempt by the liquidators to recover US$19,714,142 for Focus. Lawyers for the liquidators obtained a default judgment from the Chief Justice against Hardy in January, 1993 for the near $20 million.