Hi guys, been a while. I just wanted to let you all know that Anthony Zita and Portfolio law have engaged in at least 3 spurious class actions that were ruled as an abuse of process. I dont have a lot of time to go through all the cases but I will post some relevant info here and hopefully you all can do some digging and demonstrate how spivvy these blokes are.
Firstly, Portfolio Law and Zita represented Melbourne City Investments against Treasury Wine Estates:
http://www.austlii.edu.au/cgi-bin/s...em=0&synonyms=0&query=melbourne city treasury
This was ruled as an abuse of process. On MCI, quoting Justice Sifris of the Victorian Supreme Court:
4 Subsequent to its purchase of shares in these listed companies, MCI engaged in a pattern of selling and re-buying shares. From the MCI Trading Transactions Summary it is apparent that:
(a) between 17 and 18 February 2014, MCI sold its parcels of shares and then (the same day or the next day) re-acquired a similarly sized parcel of shares in over 100 of the companies in which it had acquired shares on 2 November 2012 (noting that it appears that MCI paid brokerage of around $55 on each sale and acquisition of a parcel of shares);
(b) between 14 and 21 November 2014, MCI again sold, and then immediately re-acquired a similarly sized parcel of, shares in around 80 companies.
15 It can readily be inferred, it was submitted, that this pattern of share trading was undertaken so as to provide MCI with a platform for commencing representative proceedings alleging breaches of continuous disclosure obligations by listed companies.
Sound familiar??
If you want to do more digging:
Portfolio Law, firm representing applicant MCI in Myer, Treasury Wine, UGL shareholder class actions (all dismissed as abuse of process)
Anthony Zita, solicitor for Portfolio Law, representative for applicant in action against SRX, solicitor for MCI applicant in Treasury Wine case
Melbourne City Investments (MCI) was the vehicle used as the applicant in the TWE, Myer and UGL cases.
Mark Elliot is the sole director of MCI and has also acted as its solicitor.
https://www.claytonutz.com/knowledge/2014/july/entrepreneurial-class-actions-suffer-a-blow
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