terrylei,
That is an important and valid point (Money transfer) - one which I will think about and discuss later!
I also had the advantage of obtaining a copy of the transcript and really thought it was an open and shut case; our case was strong and I have heard that MLS mopped the floor so to speak.
Now there were a couple of minor issues that I noticed but the main dilemma/argument was that the transfer was not from an incorporated entity - Our lawyers were well aware of this in the affidavit and I do feel in my own personal opinion that they responded very well (It is evident when you see the extra couple hundred pages that we had when compared to the plaintiff).
Regarding the money transfer (This confuses me):
He did obtain the money by fraudulently acting as a director (Where he fraudulently signed documentation as the director of RRA (Reliance)), which evidently he should not have because it was not incorporated?
Now riddle me this Mr Judge:
How can someone co-signing documentation, which is done over boarders, be aware of this - Maybe MLS should have investigated further or maybe 'The Ministry of Mines' should have seeing they are over there.
My overall simplistic view:
It is a very, very messy case but I must add the judge seemed to be highly intelligent and responded to issues that arose quite promptly. Could there have been corruption..MMmm..maybe! Could there have been confusion..MMmm..maybe! Strike rate of success on appeal..MMmm..not high when comparing to other cases! Do I feel we were fully informed..MMmm..starting to think not!
Now MLS better hope that they do win on appeal because I 'think' there will be plenty of peeved off oppie holder's that may even sue the directors themselves - At least this way all their names are remembered.
Technically MLS is actually looking OK and seems to have found some reasonable support but let's see what tomorrow brings!
Cheerio Nikess
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