Sandmann lodges appeal against DAE/Korpodeko
- January 13, 2012 4:58 AM
Niek Sandmann, former owner of Dutch Antilles Express, will lodge an appeal against the verdict in summary proceedings of the court in Amsterdam this week.
Sandmann will also begin a basic procedure against Korpodeko because this procedure allows him to give further evidence on his legal position with the sale of the airline company to Arnold Leonora. The Amsterdam court dismissed all claims from Sandmann against Kropodeko. In a press report from law office Curaçao Law, attorney at law Lex Gonzalez states that during the session of summary proceedings instituted by Sandmann against DAE-Korpodeko the court of Amsterdam had left two important items of evidence outside of consideration while these actually clearly illustrate that Sandmann’s role in the selling process of DAE was merely that of paymaster of Renovema and High Seas. These exhibits also indicate the own claims from both Renovema NA and High Seas Private Foundation on DAE.
On 10 January a verdict was given in the proceedings instituted by Sandmann against DAE. In these summary proceedings, Korpodeko had joined defendant DAE. Sandmann claimed that the judge would order DAE to fulfill their obligations from the suretyship agreement of December 10th 2010, namely issuing two bank guarantees of 1.5 million dollars each for the benefit of Renovema NV and High Seas PF under penalty for each day that DAE was negligent. The judge dismissed Sandmann’s claim entirely because he assumed Sandmann knew that DAE, based on the loan agreement with the Korpodeko Bank, was allowed to conclude a suretyship agreement with Sandmann for the benefit of Renovema and High Seas, and because Sandmann – as apposed to DAE – had an interest in that agreement.
Sandmann points out that it wasn’t his intention to increase DAE’s financial difficulties with these legal claims, says Lex Gonzalez. These claims were purely created to get Korpodeko to repent on the rejection of a creditor’s agreement drawn up by Korpodeko’s lawyer between the financing institution, Sandmann, Renovema and High Seas, which Sandmann, Renovema and High Seas had already signed for approval on November 12th. In this agreement, DAE is ‘supported’ by the companies of Sandmann during a period of 24 months so the airline company can reposition itself on the local and regional aviation market during that period, says Lex Gonzalez.
12 January 2012
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