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The former boksestjerne Mikkel Kessler has chosen to turn away from themselves in a case of who has the right of ownership to an older, rare Toyota Supra Turbo, that keeps at home with him, and which he has previously purchased and leased.
While the liquidator of the bankrupt Lux Leasing A/S will have the car delivered, then refuse Mikkel Kessler to deliver it. He will also have the opportunity to be able to use it.
this is Why he has now gone to the Maritime and Commercial court, so he can get their word that the car is his.
Extra Leaf was present in the court on Thursday, where it was scheduled to Mikkel Kessler should have given evidence. He chose, however, not to meet up.
the Case goes back a number of years and is also linked to another case from The high Court, who later came in the Supreme court, where Kessler lost with a crash to the Tax, because he had not paid the car’s full registration fee.
Here was the defense that he was not the owner, but in this case is the point of view so completely opposite.
Kessler bought the car for a half a million dollars and then sell it on to Lux Lease in 2013 for 50,000 crowns. He leased, then the car and paid its benefits, but the purchase price never showed up on his account.
the Article continues under the picture…
How can a Toyota Supra look like. The car, which is the case with Mikkel Kessler refers to an older edition from 1994 and had to be of a more rare nature. Photo credit: Shutterstock
Later the same year went Lux Leasing bankruptcy, and the liquidator of the estate attempted to get the car handed over without luck. The same had Tax tried in vain.
the Kesslers lawyer Andrew Boe Laulund argued, among other things, in the right order, that the car was his client, as he had not received the 50,000 dollars paid, as was agreed in its time. He was therefore fully within its rights to terminate the agreement.
at the same time, the car had never been in leasingfirmaets possession, and when there was a dispute exploited Kessler just his ‘legal standsningsret’ by refusing to hand over the car.
He also laid emphasis on the judgments of The high Court and the Supreme court, which he believed had held that the ownership of the vehicle was for Kessler. And so he thought that Lux Leasing the right to the car was outdated.
For the estate, which in Tax systems stand as the owner of the car, sounded the argument from the lawyer Mads Pedersen, that there was made a transfer of the car, and it was thus entered in the estate regardless of whether the purchase price was paid. To leasingfirmaet had not had the physical possession meant nothing to the case.
in Addition, he considered not, that the judgments of The high Court or the Supreme court was relevant in this case, as it referred to a tax law dispute, while in this case it was a civil dispute. He rejected at the same time, the ratio of limitation.
the Extra Leaf has unsuccessfully tried to get a comment from Mikkel Kessler.
Mikkel Kessler was, until recently, a part of the ‘dancing with the stars.’ He blurted out a few weeks ago. Photo: Mogens Flindt
the Defeat in the Supreme court
While in 2018 was a great awareness about Mikkel Kesslers case of bilfusk in The high Court, so there have been different ask about the further process.
Then he stood of the Tax accused of having entered into a pro forma agreement with Lux Leasing to avoid paying the full registration fee of the Toyota Supra, he had bought.
In court, he was, according to the judgment, which Ekstra Bladet has seen, doomed to having to pay 116.000 dollars to the Tax, plus 33.000 dollars in legal costs. And the judgment, he chose to appeal to the Supreme court, which he was allowed to, as it had in principle the character.
The case was in all the obscurity dealt with in the last month, and the result was a confirmation of the judgment. There were a further expense of 30,000 dollars in legal costs.
