The delay disentitles Venus.. why? Is there a statutory time limit that has been breached?
IMO there are several serious flaws in Spectrum's defence:
SPX say: Even if VMC could establish a breach of duty by DJC (which is denied), its inordinate and unexplained delay in bringing proceedings disentitles it to a constructive trust over Penny West
No, the time limit is 6 years.
It was perfectly reasonable of Venus to wait and see if the PW resource could be unlocked. Why waste money on a court action over a resource worth nothing?
The delay in taking legal action does not disadvantage Venus in law and imo it was silly of Spectrum to claim it did.
They have discredited their own case imo
My opinion DYOR
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