Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
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