judgement [8] re ocv, page-2

Para [130] "As already discussed, in their s 439A reports, the administrators said that the group may have been insolvent as from the date of the Stella contract. Professor Gray’s evidence provides a logical basis for concluding that the position was no different as
at 22 or 24 January 2008."

Para [137] "The relevant question then is whether the Public Trustee has established that there is
at least a serious question to be tried that OL was insolvent on 22 January 2008. Even on the basis of Professor Gray’s evidence alone, there is such a serious case."

Para [221] "On the present evidence, it is far from demonstrated that Fortress had “no reason to have any
concern with the solvency” of OL."

Para [182] "The public interest is therefore a consideration in favour of terminating the deeds"

Para [141] and [142] relate to OCV raiding of PIF and include "Were that case to be established, the facts would strongly support a conclusion that the group was insolvent by 30 November 2007, because if directors of OL had to resort to a misappropriation of the assets of the PIF, it could be inferred that OL was unable to pay Fortress by any lawful means."

This was followed up in para [218]""But I still don’t know how they paid us the $100MM in Nov.”
That last reference, of course, was to the payment to Fortress on 30 November 2007, which WIM alleges was made with misappropriated funds."