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Company Law

Analysis - guidance - compliance

04 AUG 2014

ENERGENICS HOLDINGS PTE. LTD AND ANOTHER

ENERGENICS HOLDINGS PTE. LTD AND ANOTHER
Chancery Division
Pelling J QC
13 June 2014
PELLING J QC:
Introduction
[1] In these proceedings as they are now constituted there are two claims advanced by the Claimants being:
i) A claim by the First Claimant (“EHPL”) for damages for breach of contract; and
ii) A claim by the Second Defendant (“NL”) for an account of profits or equitable compensation in respect of alleged breach of fiduciary duty or dishonest assistance in breach of fiduciary duties or knowing receipt of trust monies.

The trial took place between 7-9 and 12 May 2014. I heard oral evidence called on behalf of the Claimants from Messrs Nayan and Nakul Jagjivan (whose role I describe further below), Mr Stuart Anderson, a director of Energenics Europe Limited (“EEL”), a company that became a subsidiary of EHPL in the circumstances that I explain below, and Mr Douglas Hall FCA who gave some expert accounting evidence concerning EHPL’s damages claim. The Defendant gave evidence in answer to the claims. I had hoped to hand down judgment earlier than this but the parties’ representatives were only available to attend a hearing on 13 June 2014. Although the Judgment is being handed down in Manchester, the trial took place at the Rolls Building in London.

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