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So here we have another case of Owners being sold a bill of goods when all along the 'experts' should have known that no DC would be payable. How could they have not known? The big issue here is the Sale Committee's failure to act decisively on the 'new' information' and thereby failing in their fiduciary duty of care. They should have returned to the owners to seek new instruction - as this was clearly a significant material difference. If the High Courts rules in favour of the Sale, then it is effectively saying that fiduciary duty stops when a tender is launched, the wheel once turning cannot be stopped - which cannot be right. We shall see. My money is on the Sale being thrown out aka Horizon Towers.
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