RE: 6 years and counting...7 Feb 2023 19:40
CA 'reserved it's position' upon HUR announcing it's investigation post 2021 court found nothing untoward has occurred. That is because it always held (and likely still does) that deliberate value destruction did occur and a successful claim against HUR's insurers could be made for monies exceeding the value of BoD members' assets and it envisioned making a claim on behalf of SHs not only for the wasted $17 mill court costs (est) + CA court costs HUR were ordered to pay, but for the value destruction principally caused by failure to buy when they should have been bought.
If no bid occurs/succeeds, 3 chief execs depart & Albion guys are installed, for the first time CA will have access to HUR's records including comms with ad hoc bondholder group, legal advisers, NOMAD etc.
CA's appetite to pursue the matter was understandably curtailed by losing it's necessary 75% continuation vote which it did not expect to fail until Saba announced it's 26% negative voting intention shortly before the vote. Because then CA's attention was necessarily forced towards a Dec 23 target winding up date. Since I believe that is now extended with Saba agreement till end 24 and possibly longer, if CA do have a look at HUR's records (incl CPR 1 & CPR 2) and find anything untoward, it would have the time to progress an insurance claim and personal redress against the appropriate BoD members.
For the above reasons I don't think the door is completely closed on all chance of justice. From memory I believe CA had in mind an insurance claim circa $50 mill from which it expected a negotiated settlement.
At the post 2022 AGM chat a Stifel representative introduced himself to me (hello, I'm Joe Bloggs from Stifel), and stated the reason no HUR RNS (incl half yearly and annual Reports) expressed mistakes had been made, nor the AGM BoD itself (we were pressing like mad) was that HUR doing might open itself to civil or other action. He meant as per paras 1-4 above. My error was not being astute or experienced enough to engage with him for further information, and excused myself to speak chief execs before they disappeared. I was just too shocked to deal with being approached like that by Stifel whom I considered (ripe French language), and kicked myself afterwards for the missed opportunity