His application, to reopen his 2013 Court of Appeal hearing, centres over secret recordings, including conversations between him and the late Joao Freitas, who owned the hotel with his wife, which he said were not disclosed to previous court proceedings.
Mr Smith, pictured, former tenant of the currently-closed hotel, previously known as the Atlantique, claimed these conversations were fundamental to his case, some four years after action was first taken against him.
The Court of Appeal, however, dismissed his application to re-open proceedings, concluding that the new evidence could not have changed the foundation of the previous judgement and Mr Smith's argument of bad faith had already been found to be irrelevant to the clause of the lease that was activated.
