RE: Martin Boughtwood30 Apr 2024 15:57
“In my judgment, the factual assessment and conclusion that the judge ultimately made and ar- rived at are unassailable. Mr Boughtwood started the trial at a major disadvantage as a result of his disgraceful, and inexcusable, conduct of 24 June 2008 whereby he sought, and for a month achieved (and, had he had his way, it would have been for longer), practical control of the group so that he could run it his way and renege on what he had agreed with his quasi-partner. His conduct was un- derhanded and unconstitutional, it was damaging to the group and its business and it marked the fi- nal destruction of any element of continuing trust and confidence that might still have existed be- tween the quasi-partners. His attempts to explain and justify his conduct added up to nought. The judge rejected his 'conspiracy' defence and he abandoned it before us. He claims to have acted on advice, but has not disclosed it. He claims to have been entitled to act as he did with a view to escap- ing the imposition on him of the SCDC offer, but I am not persuaded that in objecting to that offer he was doing other than reneging on what he had earlier agreed so as to promote his own personal interests above those of the group. The point had been reached when the group could not afford not to accept the SCDC offer and his deliberate frustration of it was probably the most direct cause of
PML's subsequent collapse into administration.”