RE: SEMNET HEARING25 Mar 2026 09:57
BFD so what lol
With respect, the response “So what?” is not particularly helpful.Let me spell it out clearly and legally:Daphne did not sign the SPA — Correct.
That is precisely why she is being sued personally for breaches of fiduciary duties as a former director/officer, not merely for contractual breaches under the SPA. Fiduciary claims are wider, more serious, and attract personal liability. This is basic company law.
Daphne has not been in the arbitration — Also correct.
That is entirely irrelevant to the High Court proceedings that GST/Semnet themselves chose to commence. Once they issued the Writ against her in the High Court, she became a party to these proceedings, whether she was in the SIAC arbitration or not.
In other words: GST cannot have their cake and eat it. They cannot drag Daphne into the public High Court for fiduciary breaches and then shrug “so what?” when she exercises her full rights to defend herself and bring counterclaims in that same forum.The fact that she was not a party to the SPA or the arbitration actually strengthens her position in the High Court, not weakens it. She is entitled to run a completely separate and independent defence (and counterclaim) without being bound by whatever happened in the SIAC reference.So no — “So what?” is not the answer.
The correct legal response is: “This is a significant tactical advantage for the defence, and we should exploit the divergence between Daphne’s position and that of the two sellers.”Please prepare the necessary papers so that at the 8 April hearing we can:Highlight the different legal exposures and separate representation; and
Ensure any timetable properly accounts for Daphne’s distinct counterclaim.
I would appreciate a more robust analysis going forward.