PHILIPSBURG--The Court of First Instance on Monday ordered tenants of Kangaroo Court café and restaurant at Hendrikstraat in Philipsburg to vacate the premises within 48 hours. The tenants also were ordered to pay the backlog in rent amounting to US $112,615. The restaurant closed its doors on July 22.
Norman and Susan Wathey, the owners of the iconic restaurant across from the Courthouse in the heart of Philipsburg, started legal action against Tropical Garden N.V., the holding company of Kangaroo Court Café, on June 25.
Tropical Garden rented Kangaroo Court in January 31, 2006, against payment of a monthly fee of $4,600. However, tenants have been in constant arrears since 2009 where the payment of rent was concerned, the Watheys stated.
The backlog in payment increased gradually and no rent was paid at all during the last year, the owners informed the Court.
Tropical Garden was not represented during the court hearing earlier this month. The tenants reportedly have left the island and were sentenced in absentia.
The Court ordered tenants to vacate the premises within 48 hours on receipt of the verdict. The keys need to be left behind, as well as goods that have been placed under a lien and goods that do not belong to defendants.
In case of non-compliance, claimants are authorised to force defendants to vacate the restaurant, if needed with the aid of the “strong arm of justice.”
Tropical Garden will not have to pay only the $112,615 backlog; the Court increased the amount with legal interest and added a 15-per-cent charge for out-of-court collections to the tab. The defendant also was ordered to pay legal fees amounting to NAf. 4,030.
