Court hears that Gupta plane is at Lanseria but still not under EDC's care

2018-05-03 16:39
The Gupta family’s Bombardier Global Express 6000. (Supplied to Netwerk24)

The Gupta family’s Bombardier Global Express 6000. (Supplied to Netwerk24)

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Export Development Canada (EDC) and Stoneriver, which leased the Bombadier Global 6000 aircraft to the Gupta family, believe that the family is not only in breach of a court order but also in contempt of court.

The South Gauteng High Court in Johannesburg ruled in March that the aircraft should be returned to Lanseria International Airport under the care of EDC. But the aircraft was never handed over.

On Thursday, the court dismissed an application by the Guptas for leave to appeal the high court's ruling.

READ: Court dismisses Guptas' bid to hold onto jet

It also reserved judgment in committal proceedings which sought relief that includes that the family be held in contempt of court and jailed for 30 days, should the aircraft not be handed over to EDC.

Advocate Alfred Cockrell, for EDC and Stoneriver, argued that, irrespective of the view of Atul and Chetali Gupta, Oakbay Investments and Westdawn Investments at the time of the previous proceedings, they must now comply with the order.

"If, after two days of them not complying, the imprisonment kicks in (sic)," he said.

Advocate Owen Cook, who represented Oakbay Investments and Westdawn Investments, said it was "a tricky issue" to confront his clients in light of the earlier dismissal of the application for leave to appeal.

He explained the aircraft was at Lanseria airport, but it was subject to separate court proceedings and was not allowed to be moved.

However, he added that the family did not intentionally breach the court order because there was a revised order sent to the different parties after the initial order was read out in court.

Judge Fayeeza Kathree-Setiloane said the order didn't change and that only typographical errors were fixed.

Further, Cook submitted that the aircraft was delivered to Lanseria as instructed in Kathree-Setiloane's judgment in March.

Kathree-Setiloane said she would give a ruling in the committal proceedings next week.

Read more on:    gupta family  |  courts

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