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Court of Appeal – Appeal. The Court of Appeal, Civil Division, dismissed the third defendant company's application to vary an order requiring it to pay a judgment debt into court as a condition of the continuation of its appeal against a judgment awarding the claimant company (in liquidation) equitable compensation for dishonest assistance of breaches of fiduciary duty against the company by its sole director. The court took account of the position of third defendant's controlling shareholder and chairman, who was wealthy and able to provide it with financial assistance, and held that the third defendant had not established that it could not have satisfied the condition. In those circumstances, the court had no proper alternative but to dismiss the appeal.
Court of Appeal – Appeal. The Court of Appeal, Civil Division, dismissed the third defendant company's application to vary an order requiring it to pay a judgment debt into court as a condition of the continuation of its appeal against a judgment awarding the claimant company (in liquidation) equitable compensation for dishonest assistance of breaches of fiduciary duty against the company by its sole director. The court took account of the position of third defendant's controlling shareholder and chairman, who was wealthy and able to provide it with financial assistance, and held that the third defendant had not established that it could not have satisfied the condition. In those circumstances, the court had no proper alternative but to dismiss the appeal.
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