RE: Bonnier v aaa12 Dec 2023 16:22
CVS' lawyers Grosvenor Law. By email dated 19 January 2023 timed at 1 1.14, Dan Morrison, partner at Grosvenor Law ,vrote to Mr Antonioni in the following terms:
"Myclientsare engagedin civilandcriminalcomplaintsagainstMr Bonnier and I am writing to ask ifyou would be available for a short call this week to discuss these matters. We believe thatMrBonnier hasdefrauded anumber ofinvestors, employees and suppliers over many years. The Singapore Judge threw out his attempttorestructureAaquathismorningbecauseofalackofbonafdi es,thelatest
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blow in his attempts lo keep things quiet. The entire Bonnier house ofcards is about to collapse.
His dealings with AudioBoom shares are also the subject ofinvestigation by
various authorities and I know from documents he has disclosed in London thpt
. your office sold a parcel ofshares to his wife, which were subsequently used to engage in deceptive market practices, to iriflate the share price etc and create liquidityfor the Aaquaproject which itselfwas built on a tissue oflies involving
fraudulent representations as to Apple, L VMH involvement etc_
My clients are looking to engage with you in a constructive andfriendly way and to discuss matters offthe record. "
21. Further, the New Board ofDirectors has taken steps to exert influence on another investee company, Sentiance NV, which has a substantial trading receivables from AAQUA. The New Board of Directors sought to exert influence on Sentiance NV to claim these receivables, in full knowledge that AAQUA was not in a position to pay as a result of the WFOs. Whilst Sentiance NV did send written demands, it is assumed that its board of directors is sufficiently level-headed not to waste costs on an unproductive legal claim.
22. There are reasonable groWlds to believe that the actions ofthe exiting Board ofDirectors in appointingtheNewBoardofDirectors(havingbeenexpresslyputonnoticeoftheobjections ofother directors and a substantial group ofshareholders) amounted to an unlawful breach of fiduciary duty. Such objections were not insubstantial - they pointed out in detail that the incoming Board of Directors was irremediably conflicted, having a historical conflict with AAQUA (the Claimant's largest investment), to the extent: ofactuaJly supporting CVS with the WFOs which caused so much damage to AAQUA (and therefore to the Claimant). Moreover, the outgoing Board of Directors had received a comprehensive proposal that included yet was not limited to a full roll-up ofthe AAQUA business into the Claimant, for
in essence little to no payment: and future payments in the Claimant's shares only due once milestones had been achieved successfully by AAQUA. Had this deal been agreed it would have also enabled the First Defendant to repay the balance ofthe Loan.