郭文贵破产案 · EXHIBIT · ECF #4338-11

# **Exhibit 11**

Case 22-50073 Doc 4338-11 Filed 04/22/25 Entered 04/22/25 10:31:17 Page 2 of

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# **Case Number :BVIHCOM2024/0454**

**Submitted Date:03/04/2025 16:05**

**Filed Date:04/04/2025 08:30**

**Fees Paid:274.20**

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Case 22-50073 Doc 4338-11 Filed 04/22/25 Entered 04/22/25 10:31:17 Page 4 of

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Made on behalf of the Claimant Fifth Affidavit of: L Despins Exhibit: LD-5 Date sworn: 3 April 2025

was in Switzerland, as well as a biography signed by Mileson dated 9 April 2024 which stated that his address was Switzerland and certain other documents which were exhibit to my first affidavit, see for instance the documents exhibited at LD-1/1-15 to Despins 1. However, these documents did not cause me to "know" that Mileson's true whereabouts or last known address were in Switzerland. Rather these documents demonstrate that Mileson had previously "claimed" his address was in Switzerland. Mileson has also spent significant time in, and has claimed his address to be located in, multiple other locations. To give just a few examples, corporate documents filed in Cyprus in March 2024 and exhibited at [LD-5/2-6] list his address as the London Apartment, financial correspondence (which due to confidentiality issues cannot be shared with the Court at this time) has been addressed to Mileson at the London Apartment as recently as January 2025, and corporate documents filed in Hong Kong in June 2024 list Mileson's address as Majestic View Manor, 20 South Bay Road, Hong Kong [LD-5/7-15].

- 10. but that I did not "know" at the of the Application Mileson's true whereabouts. In this regard: - Paragraph 46.3 of Despins 1 states: (a)

"K Legacy corporate records the "beneficial owner" of K Legacy as Mileson, the Debtor's son (who stated his address as that of the Property). However, we now know from the latest K Leqacy Disclosure that Mileson current address is Rigistrasse 201, 6353 Weggis, Switzerland [LD-1/1-15]."

However, what I should have said in the second sentence was that "However, we now know from a recent K Legacy Disclosure that Mileson has claimed an eurrent address at Rigistrasse 201, 6353 Weggis, Switzerland."

(b) Paragraph 74 of Despins 1 states:

> "The true whereabouts of Mileson are not known. However, the last location for place of residence for Mileson is Rigistrasse 201, 6353 Weggis, Switzerland [LD-1/1-12]... "

> Again, what I should have said in the second sentence was that "However, Mileson has recently claimed an address at Rigistrasse 201, 6353 Weggis, Switzerland."

Made on behalf of the Claimant Fifth Affidavit of: L Despins Exhibit: LD-5 Date sworn: 3 April 2025

- (c) Mileson had claimed an address in Switzerland, but that I did not know Mileson's true whereabouts. - (d) a Hong Kong and British citizen who may reside in Switzerland [LD- 1/1-12]...". I also refer to the first sentence of paragraph 74 quoted above. - (e)

"The Applicant also request that permission be granted to (i) serve the Intended Claim, application documents and the Order ultimately granted on Mileson outside of the jurisdiction, by alternative means and (ii) enforce the injunction order in England and Wales. It is not known where Mileson is living, although his last address was in Switzerland."

However, what the skeleton argument should have said in the second sentence was that "It is not known where Mileson is living, though he has claimed an address although his last address was in, Switzerland."

- (f) The skeleton argument makes clear, however, that my intention was only to convey that Mileson had claimed an address in Switzerland, but that I did not know Mileson's true whereabouts, for example, the skeleton argument at Paragraph 75 stated that: "Further, although Mileson has recently given his address as being in Switzerland [HB/5/59], his true whereabouts are not known and there has been what the Applicant contends is evasion of service by him ... " - (g) whereabouts were not known to me. See page 28 and 29 of the transcript (emphasis added) [LD-5/43-44]:

"MR PETKOVIC: So deal with service out at paragraphs 74 to 76 of the skeleton and paragraphs 72 to 77 of Despins 1. My Lord, what we are proposing is for the reasons we have given to attempt conventional service on Mileson. But, My Lord, what we are also seeking is alternative service. And the reason that we are seeking that, is that although Mileson has given his address for service as Switzerland in a recent affidavit of ownership on page 59, his true whereabouts aren't known and Despins 1 at 74 to 77

Made on behalf of the Claimant Fifth Affidavit of: L Despins Exhibit: LD-5 Date sworn: 3 April 2025

describes how there appear to be attempts to evade service when steps have been attempted in London to effect service on him.

So, My Lord, for alternative service, what we have sought to serve on is what appears to be -- well, is what is an e-mail address used by an individual who appears to be an English lawyer that Mileson appears to be using. I can take you through the documents that we rely on in that regard, My Lord."

However, my counsel mistakenly stated that Mileson had "given an address for service as Switzerland." What my counsel should have said in the third sentence above was that "although Mileson has claimed an address in given his address for service as Switzerland in a recent affidavit of ownership on page 59, his true whereabouts aren't known."

- (h) service on the lawyer which Mileson appeared to be using. The Ex Parte Order was continued by consent order dated 24 October 2024 (Consent Order) at the continuation hearing for the Ex Parte Order at which the First and Second Defendants were represented by Counsel. No point was taken by either Defendant at that hearing, as to Mileson's true address as demonstrated by the transcript [LD-5/54-63]. - On 18 October 2024, I had filed Despins 3 which stated at paragraph 16: (i)

"Mileson is a Hong Kong and British citizen who has previously claimed his residence as being in London as well as Switzerland [LD-3/134-148], but his true whereabouts were not known to me..."

The Points of Claim at paragraph 4 and the Originating Application both dated 30 (() September 2024 at paragraph 4 also state that:

"The Second Respondent, Qiang "Mileson" Guo (Mileson), is the Debtor's son. Mileson has previously claimed his residence as being in London as well as Switzerland. His true whereabouts are not known the Applicant..."1

⁴ Mileson's Defence responded to this at, inter alia, paragraph 11.3 and stated: "The expression "true whereabouts" in relation to Mileson is opaque. In any case, Mileson's "true whereabouts" are irrelevant to the claim, and the Defendants cannot moreover plead to what the Claimant knows or does not know."

Made on behalf of the Claimant Fifth Affidavit of: L Despins Exhibit: LD-5 Date sworn: 3 April 2025

11. Nonetheless, out of an abundance of caution, and because I take seriously the provision of accurate information to the BVI Court, I have provided this affidavit to make clear to the BVI Court that my position is as set out above. I apologise to the Court for needing to do so.

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SWORN by the within named LUC A. DESPINS (IN HIS CAPACITY AS CHAPTER 11 TRUSTEE OF HO WAN KWOK)

Luc A. Despins (in his capacity as Chapter

this JA day of April 2025

11 Trustee of Ho Wan Kwok)

at the

BEFORE ME:

A COMMISSIONER TO ADMINISTER OATHS/NOTARY PUBLIC

MICHAEL MAGZAMEN MICHAEL MAGZAMEN No. 01MA60556692 No. 01MA60556692 No. 01MA60556692 Owelified in New York County Qualified in New York County Qualified in New Tork 03/05/2027

Made on behalf of the Claimant Fifth Affidavit of: L Despins Exhibit: LD-5 Date sworn: 3 April 2025

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

VIRGIN ISLANDS

CLAIM NO. BVIHCOM2024/0454

#### BETWEEN

LUC A. DESPINS (IN HIS CAPACITY AS CHAPTER 11 TRUSTEE OF HO WAN KWOK)

CLAIMANT

AND

- (1) K LEGACY LTD - QIANG GUO (2)

#### DEFENDANTS

#### FIFTH AFFIDAVIT OF LUC A DESPINS

### Harney Westwood & Riegels (BVI) LP

Legal Practitioners for the Claimant Craigmuir Chambers, PO Box 90 Road Town, Tortola British Virgin Islands

T (284) 494-2233 | F (284) 494-3547

## Ref: 058684.0001/AMT/JBP/JQS

# HARNEYS