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Bid to end Thyssen trial thrown out: Lawyer says trial could go on until the year 2002

A judge has thrown out a bid to end the lengthy legal battle between the Thyssen-Bornemisza family, which has been playing out in Bermuda Supreme Court for the last eight months.

Now the trial could go on until the year 2002, according to one of the senior lawyers in the case.

The trial is based on an epic family feud between millionaire Baron Hans Heinrich Thyssen-Bornemisza and his eldest son over a fortune worth $2.7 billion.

Since the trial started the legal bills have been soaring as the father and son feud in open court each with a crack legal team -- the best money can buy.

With this in light a senior lawyer representing the corporate defendants in the case asked the case be dismissed.

Yesterday Puisne Judge Denis Mitchell ruled that there were no grounds for an appeal to have the case thrown out.

The appeal was lodged by Nicholas Patten QC on behalf of three of the defendants, Favorita Holdings, Thybo Trustees Ltd and Tornabuoni Ltd, to have the case dismissed, was not valid.

They had argued that there would be "substantial savings'' if the case was dismissed.

But in his summing up yesterday Justice Mitchell said that, according to law he had to decide if the appeal to dismiss was a most exceptional case and if it was valid and said: "I do not think that this is.'' He added: "In all the circumstances I do not think it is appropriate to all or practical that the application be entertained.'' The estimated cost so far for the court time alone stands at $12 million. This added to the estimated $15 million before going to trial adds up to $27 million on just one case.

And with predictions that the battle, with appeals and all, could take up to ten years to settle, it could end up going down in history as the most expensive court case the world has ever seen. The 78-year-old Baron, called Heini Senior, is suing his son, Heini Junior, for control of a Bermuda-based trust fund.

Heini Senior, who has failing health, put his son in charge of the trust in 1983, but now wants to wrest back control. He also claims that his son and the fund he is also suing owes him $232 million in arrears with inflation and loss of value.

Justice Mitchell yesterday said that he would award costs for the appeal to dismiss at a later date.

Mr. Patten said after the judgment in court: "My clients are disappointed that after eight months we have only been give an hour of the court's time to put our case. It is a matter of great concern to our client.'' The case will resume on Tuesday at 2 p.m.