LOGAN GOVENDER
A Durban attorney and a local businessman are locked in a bitter court battle over the ownership of a Ferrari F430.
The attorney, Keith Mothilall, has claimed in court papers in the Durban High Court that the tomato-red luxury vehicle, purchased for R3 450 000, was transferred to the businessman, Gonaseelan Govindsamy Nair, without his consent, by a former motor dealer, who traded under the name, Hyman Cars, in Smith Street (Anton Lembede), Durban. The motor dealer is now no longer in the country.
Mothilall moved the application against Nair, of Jacobs, last week. Nair bought the Ferrari, which has a black sunroof, for a sum which was not disclosed in the court documents, from former Durban motor dealer, Rodney Hyman, who is believed to be now living in Canada. Mothilall claimed he had not received a cent from Hyman. He alleged Hyman, who ran Hyman Cars, had sold his interests and had left South Africa in a haste.
He said he found out in April this year the vehicle was sold in August 2010. An interim order is in place.
Mothilall, of Morningside, has been authorised by the court to take the Ferrari.
Nair has been prohibited from using, disposing or displaying the expensive vehicle. He was also ordered to show cause on November 28 why the order should not be finalised.
After the order is finalised Mothilall will have a month to bring action against Nair to have him (Mothilall) declared the lawful owner of the vehicle.
In his affidavit Mothilall claimed he bought the Ferrari from Rosso Sport Auto cc for R3 450 000 and that it had 961 km on the clock when he purchased it. He said in June last year he had asked Hyman to find a buyer, but had not signed any documents relating to the transfer of the Ferrari.
“At no stage was Hyman authorised to include my Ferrari as part of his stock. I did not authorise him to transfer the vehicle. I learnt he had left the country in haste about five months ago. Hyman sold his property and closed his business. I established the Ferrari was sold to Nair without my consent. I did not receive a cent from the deal. The transfer of my Ferrari was unlawful,’’ claimed Mothilall.
This week when Mothilall was contacted by POST for a comment, he said his dealings were with Hyman and not Nair.
“Hyman was supposed to have procured a buyer. I don’t know what happened because I did not get a cent and I was not called upon to ratify the sale of the vehicle in any way whatsover. I have also reported the matter to the police. The allegation of theft by false pretences, alternately fraud, is against Hyman,’’ said Mothilall. Yesterday, provincial police spokesman Captain Thulani Zwane confirmed police were probing the theft by false pretences and fraud allegation against Hyman.
Zwane said the docket was initially opened at Durban Central Police Station and then transferred to the Point Police Station. Nair could not be reached for comment.