Markit
This appeared in the latest Bali News Online Edition and I just needed to pinch myself for all the goodies it holds: [B]Actor Handed Losing Script[/B] [B]Australian Businessman Patrick Alexander Wins Major Property Case Against Actor Jeremy Thomas and Eight Fellow Defendants[/B] [TABLE="align: right"][TR][/TR][TR][TD][/TD][/TR][/TABLE] [I](1/17/2016)[/I] As reported by [I]DenPost[/I] and [I]NusaBali,[/I] rhe [I]G[COLOR=#ff0000]ianyar District Court [/COLOR][/I][COLOR=#ff0000]in Bali [U][B]has ruled in favor[/B][/U] of an Australian businessman Patrick Alexander, in his civil suit against Indonesian actor Jeremy Thomas, and eight other defendants in a property dispute over a villa property in Ubud, Bali[/COLOR].The [I]Gianyar Court's [/I]ruling addressed three lots occupied by the [I]Villa Kirana[/I] located in Kedewatan, Ubud, awarding possession to the Australian plaintiff and called for damages to paid by the defendants.Attorney Ida Bagus Putu Astina, representing Alexander in the suit, was quoted by [I]DenPost[/I] listing the losing defendants in the case as: Rudy Marcio Meetra, Jeremy Thomas, Lie Halim, Ina Indrayani (the wife of Jeremy Thomas), Notary Tri Firdaus Akbarsyah, Ketut Alit Nariasih Dadu and the head of the [I]National Land Agency (BPN)[/I] in Gianyar.The decision rendered by [B][COLOR=#ff0000]the Court detailed how Alexander, as a foreign national from Australia "[I]borrowed[/I]" [U]the name[/U] [/COLOR][/B]of Rudy Marcio [COLOR=#ff0000]to serve as the nominee [/COLOR]in the 1999 purchase of three adjoining parcels of land in Bali. Marcio then entered into a leasehold agreement with Alexander for the property for [I][B][COLOR=#ff0000]60 years extendable for an additional 60 years. [/COLOR](How is this possible?) [/B][/I]In the following year, 2000, Alexander constructed a luxury villa on the 3,600 square meter site.Later, in 2013, a long-standing social acqaintance of Alexander, actor Jeremy Thomas approached the Australian to offering to help capitalize the plan to develop a 1,200 segment of the land into a luxury spa. Within the context of seeking funding for the Spa Project in which his company JTR networks was to act as advisors, Thomas asked that the property be transferred to his name in order that he could mortgage the land to finance the project. On the basis of this mutual understanding, arrangements were made via Alexander for the title on the land to be transferred from Marcio to Thomas in order that the loan could proceed. The bank loan of Rp.8.5 billion was paid to Thomas who reportedly only paid Rp. 500 million to Alexander. Moreover, Thomas then colluded with a Notary to illegally transfer ownership of the land to Lie Halim for a further Rp. 17 billion.According to Astina, the [COLOR=#ff0000][U][I]Gianyar Court[/I] ordered that the land and villa be seized and returned to Alexander[/U][/COLOR] and that the defendants be liable for the losses suffered by payment rendered by [I]Bank Bukopin[/I] totaling Rp. 8.5 billion, losses of Rp. 17 billion incurred in the illegal sale, losses of Rp. 3.6 billion due to non-operation of the villa, tax obligations of more than Rp. 35 billion and non-material losses of Rp.10 billion.Meanwhile the spokesman for the [I]Bali Provincial Police,[/I] Hery Wiyanto, told [I]Nusa Bali[/I] that police would examine demands by Alexander's attorney that the defendants now be named suspects in a further criminal proceeding for malfeasance and fraud.The court decision in Alexander's favor was issued on December 26, 2016, with possession of the villa is to be handed back to Alexander and his attorney on January 18, 2016.WOW!Is it only me or does this seem like Dorthy's ruby slippers meets Alice in Wonderland in Disneyland? I'm just about speechless. [url=http://www.balidiscovery.com/messages/message.asp?Id=13045]Bali News: Actor Handed Losing Script[/url]
davita
At first sight this seems great news as it might set a precedence for future 'nominee' related issues...as would be the case in 'Common Law' countries....like UK and most of the Commonwealth.Unfortunately, Indonesian uses a slightly modified 'Civil Law' where precedence is not recognised.
