Where it won't do us any further harm....

Where it won't do us any further harm.
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From yesterday's hearing:

MR WALKER: Your Honours, there is no resistance from us to that being made available if it can be.

Just to complete what I wanted to say, therefore, about our first two propositions.
This is a case where transactions which have been completed – that is, transfers have been accomplished
– are the subject of two species of attack – query, whether they have been the subject of two reasons
for the order being made against them. The two species of attack are first,
that the provisions of the deed did not empower the distribution of the assets comprising this part of the scheme property.
Second, that they being shares – those assets being shares – the transfers could not be accomplished because
the prospective new members of that company had not agreed to become members of that company.

And an earlier telling passage;

[..... in 1992 there was a provision substantially equivalentto 124 expressly saying companies
could distribute assets in specie, but that was not good enough
for his Honour to say that there had been an agreement to become a member.
So that drew clearlythe distinction between distributions in specie, for which a company may have power in general,
and members doing enough in advance to agree to distributions of shares. Your Honours,
in Re Crusader Limited, which is Justice Thomas’s decision, at page 129, lines 3 to 16, that was
the element that plugged the gap.
In that case, the deed from the outset had provided that the members may,
by extraordinary resolution, sanction exchange of notes for shares in any company to be formed.
His Honour ruled, well, if that is what the meeting ultimately resolved, you have agreed in advance to it.]
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Regards,