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Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
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Oppression and mismanagement claim seeking rectification of the register of members was dismissed as time-barred where limitation began once appellants had knowledge of antecedent facts; the discovery rule delaying commencement of limitation does not apply when fraudulent conduct or concealment no longer suppresses knowledge. The tribunal relied on precedent that Section 17s postponement covers only concealment that prevents discovery of the cause of action, and found appellants had sufficient knowledge from events in 20062011 and prior complaints to have pursued rectification earlier, resulting in dismissal of the petition on limitation grounds.
Oppression and mismanagement claim seeking rectification of the register of members was dismissed as time-barred where limitation began once appellants had knowledge of antecedent facts; the discovery rule delaying commencement of limitation does not apply when fraudulent conduct or concealment no longer suppresses knowledge. The tribunal relied on precedent that Section 17s postponement covers only concealment that prevents discovery of the cause of action, and found appellants had sufficient knowledge from events in 20062011 and prior complaints to have pursued rectification earlier, resulting in dismissal of the petition on limitation grounds.
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