Decisión de la Corte de Curazao a favor de Gustavo Gómez López (inglés)

Decisión de la Corte de Curazao a favor de Gustavo Gómez López, Claudia Febres Cordero de Gómez y Laika Carriers liberándolo de toda responsabilidad por las acusaciones infundadas y sancionado al Banco Latino a cancelar las costas procesales. (Versión Inglés)

Civil affairs 2001

Sentence March 5th. 2001

Registration number: AR 1301 of 1995

THE COURT OF FIRST INSTANCE OF THE NETHERLANDS ANTILLES PLACE OF SESSION CURACAO.

Sentence:

In the lawsuit of:

1.-The firm according to the law of the Republic of Venezuela

BANCO LATINO S.A.C.A. (BLSACA)

established in CARACAS, Venezuela,

2.-The firm according to the law of the United States

BANCO LATINO INTERNATIONAL (BLI),

Established in Miami, Florida, United States

Plaintiffs in claim, defendants in counterclaim.

(Together” the banks)

presented attorney: J.C.Westermann, LL.M.

against

1.-Gustavo Gomez Lopez (Lopez)

2.-Claudia Febres Cordero de Gomez (Gomez)

both residing in Pompano Beach, Florida, United States,

3.-the firm according to the law of Panama.

LAIKA CARRIERS ENTERPRISES INC (Laika),

Established in Panama City, Panama.

Defendants in claim, plaintiffs in counterclaim

(together Lopez c.s.)

Attorney for Lopez and Gomez. J.D.C. Sintinago LL.M.

Attorney for Laika: H.W. Braam LL.M.

The subsequent legal proceedings

Regarding the legal proceedings until November 9th, 1998, the Court refers to its interlocutory decree of that date. After that, Lopez c.s. has taken a deed with productions and both parties have pleaded the lawsuit with productions, applying the notes with productions submitted by their attorneys. Thereafter sentence has been set on today.

The subsequent assessment of the claim in dispute.

1.-Based on what has been stated in sections 635 Rv NA, the Court considered itself competent to adjudge the claim for compliance and consequently, the main claim. Therefore, that competence resulted (exclusively) from the attachments imposed at the expense of Laika under Interunion (Antilles) Inc. and ING Bank/International Nederlanden Bank Inc. However, in the meantime these attachments have been lifted, as is undisputed, based on a sentence in summary proceedings on July 7th, 2000. Therewith the incompetence of the Court has in principle still been stated. That would only be different. If the lifting would have taken place under a guarantee. But the last has not been stated proven. The banks, being the parties that have been put in the wrong, will be ordered to pay the cost of this lawsuit. Therewith, no distinction will be made between the cost of Lopez and Gomez on the one hand and Laika on the other hand, due to the fact that these attorneys have not pleaded separately.

The subsequent assessment of the counterclaim in dispute.

2.-From what has been considered in the claim follows, that in the meantime the relevance has fallen away from the counterclaim tending to the annulment of attachments imposed. As the annulment is the result of a sentence pronounced in summary proceedings against the banks, the banks must be ordered in counterclaim also, to pay the incidental (total) costs made by Lopez c.s.

The subsequent assessment of the incident.

3.-Based on the fact that the banks are ordered to pay the costs in claim and counterclaim, c.q. have forced Lopez c.s. to claim in the incident certainty regarding those costs and that this claim has been granted, the banks must pay the costs of the incidental (total) costs of Lopez c.s.

The decision

The Court

In claim:

Declares itself incompetent to take cognizance of this case

In counterclaim

Rejects the claim

In claim, in counterclaim and in the incident:

Orders the banks to pay the costs of these lawsuits, which are up to this sentence estimated by Lopez c.s. at Naf. 42,700, for salaries of the attorneys.

Thus given by Zandbergen LL. M. and pronounced in the public trial in Curacao, on March 5th 2001, in the presence of the clerk of the Court.