By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A JUDGE'S refusal to remove himself from a court battle between two Lyford Cay billionaires has been overturned.

Justice Neville Adderley will no longer preside over the case of Canadian designer and millionaire Peter Nygard against his Lyford Cay neighbour Louis Bacon involving property rights of way.

Justice Anita Allen delivered the ruling in the Court of Appeal yesterday, after it was not opposed by Robert Adams, attorney for Mr Bacon and another defendant, Point House Corporation.

The suit filed by Mr Nygard concerns more than 11 claims relating to a right of passage through Mr Bacon's property.

It claims that his property was assigned two rights of way across the property of Mr Bacon dating back to 1984 and claims that between 2004 and 2008 a gate was constructed "at the eastern end of roadway of the easement" that "restricted or prevented" access to Nygard Cay by Mr Nygard, his family and guests. Mr Nygard claims he was never given a key to the gate.

The roadway was also "disrupted, blocked and realigned" without the permission of Mr Nygard, according to the writ.

It claims the gradient of the roadway was changed in such a way that it directed water to the mouth of the gate of Nygard Cay causing the collection of water.

Mr Nygard and Mr Bacon have been battling each other before the courts for the past six years filing suits and counter suits.

Bacon accuses Nygard of encroaching on his property to carry out unauthorised construction and further the "unlawful" use of Nygard Cay as a resort or hotel.

Bacon's claim alleges that for a number of years before 2010 Mr Nygard has committed various acts of encroachment on his property.

It is claimed that these acts include Mr Nygard using portions of Mr Bacon's property to transport building materials, supplies and equipment to Nygard Cay to "carry out construction that was not authorised by the Bahamas government or the relevant statutory body or for which the plaintiff had not received the requisite permit or approval."

Mr Nygard allegedly used Mr Bacon's property to "transport persons, goods and services personnel for the purposes, or in furtherance, of the unlicensed and unlawful use of the plaintiff's property as a resort or hotel."

The document also accuses Mr Nygard of parking on Mr Bacon's property; causing his visitors to park on the right of way; using the right of way as a turn around point for vehicular traffic and causing his guests to use the right of way as a turnaround point for vehicular traffic.

Justice Allen would not order an injunction with regard to Justice Adderley's rulings concerning the case in the lower court, indicating that it could be requested in the lower court before a new judge.