Wednesday 24 – Thursday 25 May 2023
By appellant’s notice filed on 2 August 2022, the appellant/claimant appeals the order of Leech J dated 12 July 2022, whereby he dismissed the claimant’s claim, ordered costs against him on an indemnity basis and made consequential orders.
The background to the matter is long and complex. In brief, the applicant was a director and employee of SGL. In 2018 SGL claimed a declaration that the applicant had been lawfully dismissed and removed as a director, claiming unlawful means conspiracy and a claim that he had incurred excessive and unjustified expenses. The applicant counter-claimed for a declaration that he had not been validly dismissed and that the members of the board had authorised two transfers of shares for improper purposes. The Judge dismissed the conspiracy claim, but held that the applicant had committed breaches of fiduciary and contractual duties to SGL and that his removal and dismissal as a director and employee of SGL was valid. He also found that four of SGL’s directors had failed to act for proper purposes in authorising one transfer of shares. The applicant applied to invoke the court’s jurisdiction to set aside the judgment for fraud on the basis that witnesses deliberately failed to disclose documents and gave false evidence at trial.