I think you are forgetting something fundamental here gardie.....
Your lot (CHM) are alleging this fantasy story all took place.....MMX are denying it....
CHm having alleged it.....now have to prove it.......
CHm say $153k was taken/ stolen etc....grim and barnes defence council say nonesense......the only independent witness to the transaction says the people involved actually said it was a loan....What other conclusive evidence has been bought forward to prove otherwise....???Cos i dont know of any....
I have heard that companies and their directors have made payments in the course of running their businesses to all manner of people (even their own directors) for "services rendered" "consultancy" etc, when this was'nt nessesarily the case, on occasion purely to get cash out of the company (a bit naughty i know).....but try proving different.....basically impossible.....and we have to remember CHM have to prove all this , not simply weave a possible even likely story...
I understand well the company law regarding breach of fiduciary duty...also what can and cant be claimed in a remedial constructive trust aswell as its difference to an institutional constructive trust..
No judge IMO ....is going to be making a massive award here on a likely, even plausible story...its gonna have to be irrefutable, hard evidence, And All I am saying is...I dont think CHM have actually tabled any.....Neither obviously do MMX council (and they would know a lot more than I)
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I think you are forgetting something fundamental here...
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