@82Punter what do you make of the attached two points in the statement to shareholders? Specifically the second dot point regarding VMC having no entitlement to a constructive trust based on this assertion. Would this be correct if they had evidence to back it up?
● The circumstances and material facts alleged by VMC in its statement of claim (which are not admitted) do not give rise to fiduciary duties or duties of confidentiality as between DJC and VMC. There is therefore no breach of those duties;
● VMC has no entitlement to a constructive trust over Penny West given VMC asserts that a separate and non-existent “NewCo” was to acquire Penny West, not VMC itself.
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