Default vs Fiduciary Duties24 Dec 2018 16:14
Yes, defaulting on a loan is bad and judge will be taking into consideration.
But they have already not - and what has to be more critical - is that FRR had the opportunity to pay the $2million interest but we're being blocked every time and only allowed by Hope to consider the grossly improper, unjust and predatory offer he was putting to the company.
This is clear in my view. Using my very basic logic, FRRs complaint about not being allowed to access capital to pay the loan interest by a director who provided the loan, when there were opportunities if allowed, supersedes the claim regarding the default since there would be no default if the director hadn't acted in their own interest and had lived up to there fiduciary duties.
Cayman law is clear on this and I believe, based upon the affidavit, that FRR have methodically pieced together the case.
About why this is not clear to us, as in why is this still uncertain and worrying, well it would always be until the result. They cannot release anything until sorted (unless learn by other methods, as we have in certain instances). It was always going to be messy.
FRR were always fighting to keep those asserts and perhaps save the company. Whereas Hope was being disgracefully greedy.
The default is not our fault and was induced by a director not fulfilling their fiduciary duties and acting in their own interests