An "exclusive island lifestyle" - complete with helipad, clubhouse and slipway - which buyers were promised on a canal island in the posh St Francis Bay, has led to a R4-million High Court claim against the developers.

Property owners at the new Long Island Close development have filed papers in the Port Elizabeth High Court in preparation for next month's court battle between the Marina Island Homeowners' Association and the Leighton Hulett company.

In their amended particulars of claim, the home owners claim that when the island development was being marketed by the Leighton Hulett Company during 2002 and 2003, two erven were reserved for communal facilities to be used by property owners. An advertisement at the time read: "This (the communal facilities) makes Long Island Close one of the most exclusive addresses of its kind in the country."

The island property owners said members had entered into written agreements to purchase various plots on the island with Sea Glades Holdings, which was the company used by the Leighton Hulett Company to implement the Long Island Close development.

They said that at the time of the agreements buyers had envisaged that when transfer of erven took place, the two erven earmarked for communal development would be transferred to the Marine Island Homeowners' Association, which was formed to manage communal affairs and facilities.

When transfer took place it was transferred to Sea Glades Holdings, which belongs to the Leighton Hulett Company. The company failed to construct or erect any communal facilities on the erven, but retained one of the erven for "their own purposes".

The home owners have asked the court to order that the ownership of the two erven be transferred to them at the cost of Sea Glades Holdings, or that the property owners be compensated to the amount of R4-million.

They said the compensation was for the misrepresentation they had collectively suffered and because they had been deprived of the facilities on the erven, which now detracted from the value of their properties.

According to court papers, the two properties are estimated to be worth R2-million.

They further claim the Leighton Hulett Company failed to construct and implement an access control security facility at the bridge leading onto the island.

They have asked the court to order that the security units be constructed and a security system be put in place, or alternatively that the Leighton Hulett Company pay R392,000 to the home owners, which would be the reasonable cost of constructing the security facilities.

The son of the late Leighton Hulett, Nevil Leighton Hulett, is the director of the Leighton Hulett company. His father was the founder of the village which became Sea Vista and then St Francis Bay.

The case will be argued on March 15. All parties were ordered to file legal papers.

Eastern Province Herald