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$49m bill - Dabdoub's lawyer slaps Vaz with millions in court cost - JLP MP says claim unreasonable
Published: Thursday | May 28, 2009
Daraine Luton, Staff Reporter
Cost awarded to Abe Dabdoub (above) after successful challenge of Daryl Vaz's eligibility as member of parliament for West Portland. - File
LESS THAN a month after Abe Dabdoub went to court to have government minister Michael Stern declared bankrupt, another Jamaica Labour Party (JLP) member, Daryl Vaz, has been served with a $49.1 million cost claim.
The claim arises out of the fees which were said to have been incurred in his successful challenge to get Vaz disqualified as member of parliament for West Portland.
The Petitioner's Bill of Cost was filed last Thursday, May 21, in the Supreme Court by Gayle Nelson, lead attorney for Dabdoub in the Dabdoub vs Vaz case.
Vaz, who is minister without portfolio in the Office of the Prime Minister, told The Gleaner yesterday that the claim appears unreasonable.
"We will oppose it vigorously and let the court determine a figure. My lawyers have got the necessary professional assistance to counter the claim, but it just goes to show that Abe Dabdoub seems to be using these by-elections as a way of making his legal practice profitable," Vaz told The Gleaner yesterday.
The court had awarded cost to Dabdoub following his successful challenge, which proved that Vaz was not qualified to be a parliamentarian.
Meanwhile, Stern's legal counsel was confronted with a bankruptcy notice on May 6, in which Dabdoub claimed his client, Richard Azan, was owed more than $7 million by Stern.
Stern's counsel had objected to the claim, made by Dabdoub, to settle legal cost arising out of a failed attempt to overturn an election petition brought against him by the People's National Party's (PNP) Azan.
Yesterday, Kirk Anderson, Stern's counsel, told The Gleaner they were challenging the submission made by Dabdoub on Azan's behalf. Anderson has since filed a counterclaim to set aside the bankruptcy.
However, Dabdoub has countered suggestions that the filing of the bankruptcy claim against Stern was an attempt to get him disqualified from Parliament.
Anything but bankrupt
"It has nothing to do with election or seat," Dabdoub told The Gleaner yesterday. "Costs were awarded against Mr Stern. A bill of cost was presented to him, filed in court. He failed to object to it and the court awarded the cost. He has had since January to pay it and he has not paid it."
Anderson said "Stern is anything but bankrupt". He said costs claimed by Azan were not assessed by an independent body at the time Dabdoub filed the bankruptcy claim.
Meanwhile, the cost claim filed by Nelson details the charges he incurred in fighting to get Vaz disqualified from Parliament. Flying in and accommodating the expert witness, Florida-based lawyer David Rowe, cost Dabdoub $1.6 million, according to the documents he filed.
Nelson, Dabdoub's lead counsel, charged $25,000 per hour whenever he touched the case. Dabdoub's son, attorney Jalil Dabdoub, charged $15,000 per hour.
daraine.luton@gleanerjm.com
Published: Thursday | May 28, 2009
Daraine Luton, Staff Reporter
Cost awarded to Abe Dabdoub (above) after successful challenge of Daryl Vaz's eligibility as member of parliament for West Portland. - File
LESS THAN a month after Abe Dabdoub went to court to have government minister Michael Stern declared bankrupt, another Jamaica Labour Party (JLP) member, Daryl Vaz, has been served with a $49.1 million cost claim.
The claim arises out of the fees which were said to have been incurred in his successful challenge to get Vaz disqualified as member of parliament for West Portland.
The Petitioner's Bill of Cost was filed last Thursday, May 21, in the Supreme Court by Gayle Nelson, lead attorney for Dabdoub in the Dabdoub vs Vaz case.
Vaz, who is minister without portfolio in the Office of the Prime Minister, told The Gleaner yesterday that the claim appears unreasonable.
"We will oppose it vigorously and let the court determine a figure. My lawyers have got the necessary professional assistance to counter the claim, but it just goes to show that Abe Dabdoub seems to be using these by-elections as a way of making his legal practice profitable," Vaz told The Gleaner yesterday.
The court had awarded cost to Dabdoub following his successful challenge, which proved that Vaz was not qualified to be a parliamentarian.
Meanwhile, Stern's legal counsel was confronted with a bankruptcy notice on May 6, in which Dabdoub claimed his client, Richard Azan, was owed more than $7 million by Stern.
Stern's counsel had objected to the claim, made by Dabdoub, to settle legal cost arising out of a failed attempt to overturn an election petition brought against him by the People's National Party's (PNP) Azan.
Yesterday, Kirk Anderson, Stern's counsel, told The Gleaner they were challenging the submission made by Dabdoub on Azan's behalf. Anderson has since filed a counterclaim to set aside the bankruptcy.
However, Dabdoub has countered suggestions that the filing of the bankruptcy claim against Stern was an attempt to get him disqualified from Parliament.
Anything but bankrupt
"It has nothing to do with election or seat," Dabdoub told The Gleaner yesterday. "Costs were awarded against Mr Stern. A bill of cost was presented to him, filed in court. He failed to object to it and the court awarded the cost. He has had since January to pay it and he has not paid it."
Anderson said "Stern is anything but bankrupt". He said costs claimed by Azan were not assessed by an independent body at the time Dabdoub filed the bankruptcy claim.
Meanwhile, the cost claim filed by Nelson details the charges he incurred in fighting to get Vaz disqualified from Parliament. Flying in and accommodating the expert witness, Florida-based lawyer David Rowe, cost Dabdoub $1.6 million, according to the documents he filed.
Nelson, Dabdoub's lead counsel, charged $25,000 per hour whenever he touched the case. Dabdoub's son, attorney Jalil Dabdoub, charged $15,000 per hour.
daraine.luton@gleanerjm.com
