Spider at heart of wrangle

A former car dealer, who is at the centre of a tug of war over a Ferrari, is pursuing legal action over what he calls a defamatory "series of lies".

Rodney Hyman - who previously headed up the Durban-based Hyman Cars, now in liquidation - has instructed his lawyers to take action against his nephew and lawyer Keith Mothilall.

The attorney is in a legal wrangle with a Durban businessman over a Ferrari F430 Spider.

Earlier this month, Mothilall filed an application in the Durban High Court asking that the court prevent Gonaseelan Nair, the owner of Coastal Steel Supplies, from driving or selling the red 2008 model Ferrari.

Mothilall claimed the vehicle rightfully belonged to him, and he had not consented to its sale.

He has also opened a case of theft against Hyman. He claimed he had received no monies from the sale of the car.

Mothilall was initially granted the interim order but this week it was overturned after Nair filed an opposing application. The application included transfer documentation for the R2.5-million Ferrari.

Nair said Mothilall received the R500000 he paid as a deposit for the vehicle.

In a statement to the Sunday Times Extra, Hyman, who emigrated in April, said:

• Mothilall was aware of his move abroad;
• Mothilall instructed him to sell the car and signed the necessary documentation;
• Mothilall approached him with a proposition to partner him in Hyman Cars; and
• Mothilall asked Hyman to delay the liquidation process. When Hyman refused, Mothilall contacted Hyman's father, Freddie, and "made threats to try and extort funds by proposing that if my father paid him, he was prepared to not take action against me", he said.

Speaking to the Sunday Times Extra, Mothilall said he thought it was "wonderful" that the Hymans were taking legal action.

He added he had "no idea whatsoever that Hyman was going to emigrate".

"I was shocked that they were closing down. Hyman gave me no indication that he was leaving."

He said he did not want to divulge information pertaining to the sale of the vehicle as it could jeopardise his criminal matter against Hyman.

Mothilall said it would be "foolish" to comment on the allegation that he had spoken to Hyman about a partnership as he had not seen the statement, but he "definitely did not receive any monies for the vehicle".

Mothilall said Hyman's claim that he asked him to delay the liquidation was an "absolute lie".

He added that he would never threaten Freddie, who was his grandmother's brother and was "like a grandfather" to him.

"I met Freddie two weeks ago and we chatted about the situation. No threats were made to him to extort money."

The case between Mothilall and Nair was adjourned.

It was ordered that Nair could hold on to the vehicle as long as he did not exceed 1000km a month.