High Court Judge awards businessman’s ex-wife $60M

Oct 02, 2008 News

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In what could be considered one of the last decisions he delivered as a Judge of the High Court, Justice Jainarayan Singh on Tuesday granted a common-law spouse, Elise Park, of 24 Atlantic Ville, East Coast Demerara, a sum of $60M plus a further sum of $200,000 monthly, to be paid by her former common-law husband, William Mc Donald, owner of Mc Donald’s General Store.
Additionally, William Mc Donald was also ordered by Justice Jainarayan Singh to pay the monthly utility bills for the home of his former common-law spouse at 24 Atlantic Ville, East Coast Demerara, along with the yearly rates and taxes and water bills.
Further, Ms. Elise Park was granted full and undisturbed access and possession of the home at 24 Atlantic Ville, East Coast Demerara and costs in the sum of $50,000.
This matter had its genesis in an originating summons filed in 2002 by William Mc Donald, in which he obtained Injunctive Orders granted by then High Court Judge, B. S. Roy, restraining Ms. Elise Park and her nephew Garrett Williams, from entering the business, Mc Donald’s General Store at 148 Regent Street, Georgetown and 178 Alexander Street, Georgetown, and from in any other way interfering with the affairs of the said business.
Mr. Mc Donald had claimed that they were stealing from his business.
This injunction was granted by Justice B. S. Roy even though Ms. Elise Park owned one of the properties located at 178 Alexander Street, Lacytown, Georgetown, jointly, with William Mc Donald.
Additionally, William Mc Donald sought the Court’s intervention to determine in what shares or portion should the property acquired during the common law relationship with Elise Park, be divided.
Realizing that she was now locked out of businesses that were acquired during her relationship with William Mc Donald, Ms Elise Park also applied for and obtained injunctions preventing William Mc Donald from selling, leasing, mortgaging or in any other way alienating or disposing any of the immovable property they acquired during her common law relationship from 1978-2002.
These injunctions were also granted by the Honorable Justice B. S. Roy.
By consent the Attorney for William Mc Donald, Senior Counsel Oliver Valz (now deceased) and Mr. Lyndon Amsterdam for Elise Park agreed to have the two matters consolidated and heard together and to forego arguments on the various injunctive relief, so as to have a speedy and final determination of the parties’ rights to the substantial assets they acquired during their common law relationship.
These assets were the business places, a property located at 24 Atlantic Ville, East Coast Demerara, a property used as a Bond and a home at 1912 & 1718 Blue Mountain Road, Festival City, Georgetown, shares jointly owned at Banks D. I. H. Ltd and vehicles in the names of their two children who are residing in the United States of America.
During the trial, William Mc Donald had contended that Elise Park and himself had started living together as man and wife in 1979 at his mother’s home at Annandale, East Coast Demerara, while he was a soldier in the army and also reared poultry in his spare time.
He also claimed that at the time Elise Park and himself owned nothing but through hard work and investments in various business ventures, this changed. He contended that he was married in 1984 in the United States of America, to Suzette Ford, and never divorced her until 1995 and therefore any property acquired during that period ought not to be considered matrimonial property for purpose of the matters before the Court.
Elise Park, however, contended that this was an arranged marriage with the sole purpose of William Mc Donald obtaining permanent residence in United States of America and therefore there was never a break in their common-law relationship.
In fact, after the marriage both McDonald and Park traveled back to Guyana, in November 1984 and continued to live together, at their home at 24 Atlantic Ville, East Coast Demerara.
In giving his decision, Justice Jainarayan Singh stated that he believed the evidence of Elise Park, that the marriage was an arranged one that was never consummated and further stated that he considered this marriage to be a ‘classic business wedding’ for the sole purpose of obtaining permanent residence in the United States of America.
He also took into consideration that Elise Park had borne two children for William Mc Donald in their ‘better times’, had worked even and straight with him in their various business ventures, and had received no salary for her efforts over the years.
After the death of Mr. Oliver Valz in 2007, William Mc Donald retained the service of Mohabir Anil Nandlall whilst Elise Park was represented by Lyndon Amsterdam, throughout the hearing and determination of these matters.
 The Judge had during the trial urged the parties to arrive at a settlement in the matters. But all efforts at a settlement proved futile and therefore the Judge had to give a decision.
The Judge had also noted that since all the properties were mortgaged with various Commercial Banks, he did not want to award Elise Park a share of these properties and have her saddled with the obligation to repay these substantial mortgages since, as a result of the injunctions, she now did not have access to money since 2002.

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