RE: Kaput5 Nov 2023 15:36
Let's get some facts straight shall we.
Gowlings are wed money by the company.
The company didn't pay so Gowlings would have issued a statutory demand a few weeks ago yet the company didn't tell investors of this.
The company still didn't pay or dispute the matter so Gowlings issued a winding up petition and served it on the company.
DR then notifies everyone here of the winding up petition, which was kind of him!
The company then waits until the end of the day to confirm what they term as 'speculation' but in fact was already fact, to investors that they are aware of the action and intend to take legal advice. Therefore, currently, the matter remains UNDISPUTED as they have done nothing about it.
Next step for Gowlings will be that the advert will go in to the Gazette, and once that is seen by the bank, they will freeze the companys monies held in any bank accounts here, if there are indeed any!
Meanwhile, as already stated, the company have done nothing, despite them having been aware of all of this for weeks. Why? The short answer would be because they have no sodding funds!
They owe monies for the Rosgeo mining licence affairs 'by November 2023' which is now, otherwise they will lose the licence, and that requires around 260k+, so what's the score? they pay the licence fee because that involves assets in Russia which are out of the jurisdiction of the court here, and then trade over there and abandon here? or trade in Cyprus, as they already have subsidiary companies in Cyprus and abandon here?
The short answer is, having let it get this far, they either pay up or get wound up. DS won't loan any monies, he's already lost enough, or has he? because millions are held offshore that were raised from shareholders for the Rosgeo JV which didn't happen. They have access to that money but shareholders don't and no one in the UK does, as it's out of the jurisdiction.
What I'm interested in is whether Queeld and Mispare will now throw any more money at this and apply for injunctive relief tomorrow on an urgent ex parte application to the High Court? Their lawyers may have spoken to Gowlings and got the low down, so they may not bother if its likely the winding up hearing will be heard very shortly, which I'm almost sure it will be. The company could try and stay the proceedings, but a Judge is going to ask why they didn't respond in a timely manner in the first place, and will probably ask to see proof of funds, which could be a tricky one, so I see little hope of a stay as things are.
So imo this is about as bottoms up as you can get! And yet again, they've shafted investors with their total incompetence.
My views.