A pastor embroiled in a long-running property dispute has been awarded more than $20,000 in damages.

Leroy Bean, the head of Transfiguration Ministries, secured aggravated damages of $4,000 against the trustees of the Hamilton Parish Temperance Friendly Society for a “deliberate, provocative and unrepentant” move by one of the trustees to block off the church property with shipping containers.

Narinder Hargun, the former Chief Justice, ordered in February 2023 that the containers, visible from the roadside, be moved immediately.

Assistant Justice Jeffrey Elkinson ruled last Friday that the move by one of the trustees had sought to “insult and demean” the pastor over a 19-month period when the property could not be run as bargained for.

Earlier, the court heard that Lionel Raynor, who was then a trustee of the historic site, had gone rogue in dropping the “eyesore” containers in front of the church as an obstacle to Mr Bean.

The trustees previously argued that Mr Raynor had acted on his own — but the ruling found them collectively liable, bringing the damages against the trustees to $21,100.

Mr Justice Elkinson agreed with the defence that placing the three shipping containers at the site was “an affront to the dignity and pride of Pastor Bean and his ministry, causing anxiety, inconvenience and distress”.

He also found that, after the order got handed down for him to move the containers, Mr Raynor told the defendant in view of other church leaders that he “would not be moving anything”, then told Mr Bean: “Smile, little boy.”

A further order to move the containers was issued in March 2023.

Temperance Hall, on North Shore Road, is a Grade 1 listed building on land conveyed to the Hamilton Parish Temperance Friendly Society in 1852.

Mr Bean took on a lease of the building for his ministry in April 2004.

The case has revolved around trustees claiming that it was a ten-year lease, with Mr Bean maintaining that it had been leased for 20 years, due to expire at the end of this month.

Trustees sued the pastor in July 2019 for $153,000 in unpaid rent, also seeking possession of the property.

Mr Bean argued that the rent had been cut from $900 to $100 a month to take into account his refurbishment and renovations there.

The property had been left damaged by Hurricane Fabian in 2003, with Mr Bean then fixing it up.

Mr Bean also said an oral agreement then relieved the landlord of an obligation to maintain the property’s exterior — making the arrangement rent-free as the pastor took on the work.

Mr Justice Elkinson said Marva Bridgewater, a trustee since 2003 as well as vice-president and treasurer of the trustees, had appeared as the only witness for the plaintiffs — but had struggled to recall details of the lease under cross-examination.

“Given her demeanour when it came to answering difficult questions, which often consisted of long periods of silence, I found that her inability to recall what had happened ten years ago was difficult to reconcile with her very firm recollection of matters some of which occurred 20 years ago which favoured the plaintiff.”

Part of the trustees’ argument was that the arrangement had been a “bad bargain”, with no approval from the landlord for repairs, or planning permission and a building permit required to renovate the church hall.

The court later heard from a surveyor that no such paperwork was required for repairs made to a property after hurricane damage.

Mr Justice Elkinson’s judgment added: “Further, Pastor Bean in his evidence made it clear that they had spoken with the trustees and that the trustees were fully aware and had approved the renovations and refurbishment before they had commenced.”

He said the pastor was “firm and clear in his responses” when cross-examined, and the judge accepted evidence to the value of renovations carried out to the Temperance Hall.

Mr Justice Elkinson also shot down an attempt to argue that the lease had been “personal to Pastor Bean”, noting that Mr Bean’s evidence had been given on behalf of Transfiguration Ministries.

He ruled that the move had appeared intended to back the argument that Mr Bean had not spent any of his own money and had no receipts to show for expenses.

“Put bluntly, this is a hopeless point as there was in reality no dispute that the work had been done and who paid for it has no relevance in the context of a lease which on its face is signed by the pastor on behalf of Transfiguration Ministries,” he wrote.

Mr Justice Elkinson also found that, while the plaintiffs had argued there had been no figure submitted for the cost of maintaining the building’s exterior, the amount would have exceeded $100 a month, particularly given the hall’s waterfront location.

The judge backed the assertion of a 20-year lease and found no rent was due to the trustees.

He also ruled that a counterclaim launched by Mr Bean, in the event that the court found there had been a ten-year lease, was irrelevant in light of the court supporting the 20-year lease.

Mr Bean was granted damages of $900 per month across 19 months of the property being blocked off with shipping containers.

Mr Justice Elkinson backed the Chief Justice in finding the placement of the containers “a spiteful and unworthy act” that ran counter to the values of the trustees.

“It was a positive act of interference which was a clear breach of the lease,” he wrote, granting further aggravates damages.

Contacted on Monday by The Royal Gazette, Mr Bean declined to comment — adding that the judgment “speaks for itself”.

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