And this is one of the reasons that shareholders would be prejudiced by the application for transfer of all shares - losing good claims against the company itself (or potentially derivative actions against wrongdoers in the shoes of the company).
The onus is on the applicant to satisfy the court there is no relevant prejudice. Shareholder's capacity to recapitalise is one established prejudice (too bad Administrators didn't accept such a DOCA or otherwise investigate it).
Sure would be great if there was evidence of a connection between a potential wrongdoer and the DOCA party too.
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- Ann: Explanatory Statement and Expert Report
Ann: Explanatory Statement and Expert Report, page-26
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