Yntegra welcomes Supreme Court decision on disclosure in Rosewood Exuma Case

NASSAU, BAHAMAS- Yntegra says that it welcomes a recent Supreme Court ruling in the ongoing judicial review challenge over the Rosewood Exuma development at Sampson Cay, with the Court ordering the disclosure of several documents while declining many broader requests sought by its opponents.

In a statement, the developer noted that Justice Leif Farquharson had directed the production of correspondence between the Department of Environmental Planning and Protection (DEPP) and BRON concerning marine navigation matters raised by Sampson Cay Retreat Limited prior to the issuance of CECs 2884 and 2894; the amended Heads of Agreement dated May 21, 2024; and certain plans and technical documents submitted to DEPP relating to temporary housing and foundation design aspects of the project.

The Court dismissed the overwhelming majority of the extensive disclosure requests advanced by the applicants against both government agencies and the project developers, finding that many of the demands were unnecessary to fairly determine the issues before the Court.

In a statement, Yntegra said: “The Court dismissed the overwhelming majority of the extensive disclosure requests advanced by the applicants against both government agencies and the project developers, finding that many of the demands were unnecessary to fairly determine the issues before the Court.”

It added: “In a thorough and carefully reasoned judgment, Justice Farquharson repeatedly cautioned against disclosure requests that amounted to what established judicial authorities describe as ‘fishing expeditions.’ The Court noted that many of the applicants’ requests sought broad categories of internal communications, drafts, analyses, notes, assessments and correspondence that were not necessary for the fair resolution of the judicial review claims.”

The statement continued: “The Court expressly observed that several requests directed at Yntegra and the project developers constituted ‘blatant fishing’ and that numerous requests appeared to be obvious fishing expeditions rather than legitimate efforts to obtain material necessary to resolve the proceedings. The judgment further noted that many of the requested documents related to matters that were peripheral to the issues before the Court or concerned policy decisions that fall outside the scope of the judicial review challenges.”

It further stated: “Importantly, the Court declined to order disclosure of the extensive categories of documents sought by the applicants, including requests for internal analyses, modelling, assessments, drafts, memoranda, emails, WhatsApp messages, consultation records, policy discussions, and communications involving government agencies, consultants and the developers. The Court found that many of these requests were unnecessary, disproportionate and unrelated to the fair determination of the issues before it.”

Yntegra said it will comply with the Court’s directions and provide the requested materials by June 8, 2026, within the timeframe established by the Court.

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