VMC vs SPX - SPX Defence, page-5

Thanks for comment. I had difficulty understanding their refutation of claims. On the surface it appears VMC is making up stories. However some level of scrutiny does make some of the evidence questionable. This is not to say SPX's evidence isn't valid - just I would not necessarily accept it at face value. i.e.

"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"

I tend to agree with a previous comment (in other discussion) that this statement has a confused linking of evidence.
i.e. what would SPX consider to be an acceptable delay, and what law are they referring to because I don't think such a law exists?


I am unsure if quote by VMC: “Spectrum’s success promotes the whole region. They are doing a great job; there are fantastic results coming out of Penny West.” is particularly meaningful evidence.

The above statement is true, and has nothing to do with the legal claims.