Mourant v SN - SN objects to Motion for Judgement17 Jun 2025 23:18
Seems they are adopting something akin to a "Catch-22" defense -
1. Nicandros seeks the denial of Plaintiff Mourant Ozannes’ Motion For Entry of Judgment Pursuant to The Parties Settlement Agreement (“Mourant Motion”).
BASIS FOR DENIAL
MOURANT OZANNES HAS MADE FRONTERA RESOURCES CORPORATION’S PERFORMANCE IMPOSSIBLE
2. Mourant Ozannes (“Mourant”) admits, Paragraph 6 of Mourant’s Motion, that a key provision of the proposed settlement was Frontera Resources Corporation’s (“Frontera”) agreement to pay $1,250,939.16 to Mourant.
3. Mourant and Frontera are both domiciled in the Cayman Islands
4. However, Mourant made it impossible for Frontera Resources to pay the agreed amount. Mourant did so by initiating a winding up petition against Frontera in accordance with Section 92(d) of The Companies Act (2023 Revision). On January 16, 2024, as a result of Mourant’s petition, The Grand Court of The Cayman Islands, Financial Services Division issued a “Winding Up” order against Frontera.
5. In other words, Mourant’s deliberate action created a proceeding equivalent under Cayman Island’s law to a receivership with the sole purpose of liquidation of the company. By the Order of The Grand Court Mr. Grant Hiley and Mr. Michael Green of Deloitte & Touche, LLP, Cayman Islands were appointed as Joint Official Liquidators of Frontera. Frontera, with the appointment of the Joint Official Liquidators, no longer had any ability to pay Mourant as all assets were transferred to the sole control of the Joint Official Liquidators.
6. Mourant’ s own deliberate action to make it impossible for Frontera to pay its debt has rendered the settlement, including the agreement to enter into an agreed judgment, null and void. Mourant has, by its action, breached the foundation of the settlement agreement to which Frontera had agreed.
Conclusion
7. Frontera and Nicandros assert that Mourant’s deliberate initiation of the Cayman Islands liquidation proceeding breaches the terms of their respective
agreements.
PRAYER
Defendant Steve Nicandros respectfully requests this Court to:
1. To set a hearing on Mourant’s Motion;
2. And after the hearing to deny Plaintiff Mourant Ozannes’ Motion For Entry of Judgment Pursuant To The Parties Settlement Agreement and set this case for trial;
3. Grant him any other relief, at law or in equity, to which he may be entitled