RE: AMENDED PARTICULARS OF CLAIM13 Nov 2023 12:58
OSF you really have turned tailcoat. You were agreeing with me a year or so back that peeps shouldn't vote for the company to increase the number of shares they are allowed to flood the market with without shareholders consent, then Tillywhizz sent out his decree that anyone who went against it would effectively be out cast, and now suddenly, you can't see the wood for the trees, odd that!
Damages are claimed and so is other financial relief. The Judge can do what he or she likes with that, as a Judge has absolute discretion.
Indemnity - they can't get any indemnity now, so that's a moot point and worthless arguing by you.
Hypothetical sale? sale of what? it's there in black and white following the WUP, they cannot sell any assets or sell the company whilst the WUP is in situ.
I have already said long ago, resolve it eurasia, give them their share certificates on the basis of an undertaking from Q&M to the Court that no one else has ownership of the same. By giving an undertaking, if they breach it, they will be in contempt of court, and then a Judge will recall them to court to explain why they have breached the same.
At the end of the day, Q&M wanted to sell shares at the height of the sp and were estopped from doing so because the company had dragged it's feet and refused to replace them, even when Q&M had an offer of indemnity insurance to hand.
Eurasia didn't want them to flood the market with 60 million + shares sold, it didn't suit the agenda, as it would have plummeted the sp without a doubt.
The WUP has intervened only recently and is a separate issue and Q&M have no control over that. They will know their case is no longer viable if that WUP has merit and it's a difficult decision for Q&M's lawyers no doubt to advise on. Damned if you do and damned if you don't. At the moment, all they can do is press on towards the trial, which I think DR said is next week now. All they can do if they win, and my gut feeling is they will, is then piggy back on to the WUP once the WUP order is made, and hope they might recover something financially, although looks highly unlikely, as I'm sure the company are going to delist, and to me, it all seems rather contrived from Eurasia's end, I suspect they never really intended the Q&M matter to be heard, and I doubt they will defend the WUP, I don't think they've got any money left here in the jurisdiction anyway by the sounds of things.
Christian will retire, he's feathered his nest with the directors salary and pension provision, DS is long gone, JN is now gone, and the others have their own interests including AM, so no skin off their noses. And some $35 million or whatever it was, has been loaned out in Russia, and in offshore accounts, only touchable by those with authority!
They are not bothered about the WUP! If they were, they would have paid their lawyers and thanked them for brokering the settlment with the Logiks months ago. Disgraceful that they didn't do so.
Entirely my view