NASSAU, BAHAMAS – A judge has ruled on the outstanding royalties sum owed by a now-deceased businessman, related to unpaid royalties from a long-closed restaurant near the Mall at Marathon.
In a decision on February 20th, Chief Justice Ian Winder determined that the amounts owed to Commonwealth Franchise Holdings (CFH) were as outlined in the affidavit of CFH’s CFO, Alden Gibson. The total owed by Casual Dining Restaurants (CDR), owned by the late businessman Chris Mortimer, was $125,539.54 as of January 24, 2013. Interest at 4% per annum is to be paid through April 27, 2023, with statutory interest accruing thereafter.
CFH filed a summons in February 2023 after the parties could not agree on the calculation of outstanding royalty fees, including interest and late payments. The court hearing was supported by an affidavit from Alden Gibson, filed on April 12, 2023.
Mortimer passed away on June 8, 2023. In January 2025, the judge ruled that the matter would proceed based on the available papers after attorney Gregory Moss was allowed to cease representing the defendants.
Justice Winder concluded that the amounts owed to CFH were as outlined in the affidavit. CFH is entitled to interest on the amount from the filing date to the judgment date, with statutory interest accruing after April 27, 2023.
This case stemmed from CFH pursuing unpaid royalties from Casual Dining Restaurants, which operated a Bennigan’s restaurant that closed in 2012. CFH took legal action after the franchise agreement was terminated in January 2013. The premises vacated by Bennigan’s were later taken over by an Outback Steakhouse, owned by Island Bloom, a company whose shareholders include Mortimer and his mother, Mary.
