Agree it is debatable. Derivative action is not by an aggrieved party, but by shareholders where the claim is directors have failed in their duty. The action is on behalf of the company. So if DCN did a deal with GCN to process ore when a better plan would have been to process Kin ore temporarily then restart mining DCN ore there could be grounds, depending on the facts. If processing GMD ore is not the best option for DCN then GMD would have a problem imho. Directors who voted for a lesser plan in order to help GMD out could be vulnerable. But it wouldn’t be me taking them to court. Delphi could afford to, if so inclined.
News: GMD Genesis Minerals On Track To Acquire St Barbara's Leonora Assets, page-13
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