DCI Advisors
Limited
(the
"Company" or "DCI"))
Legal Update
3 December
2024
DCI Advisors Limited is pleased to announce two
significant court victories recently against DCP's close business
partner SPV 3 Ltd (also known as "Zoniro").
BVI - Regarding the two statutory demands
issued in August 2023 by Zoniro in the BVI, as previously
announced, we are pleased to report that DCI and its subsidiary,
DCI One Limited, were successful in their applications in the BVI
Commercial Court to set aside the two demands. The
applications were heard in May 2024, with Zoniro represented by
leading counsel, and judgment was handed down by the Court on 29
November 2024. The judge upheld the companies' argument that
there was a substantial dispute that would need to be resolved
before a statutory demand could be issued and made the following
findings:
"I find that
there is sufficient evidence of a substantial dispute regarding
whether Mr. Kambourides' conduct amounted to a breach of duty to
the Applicants (DCI). The effect of the expert evidence is that
this conduct could, as a matter of Cyprus law, amount to a breach
of duty entitling the Applicants to repudiate the Agreements, which
they did in July 2023. As such they would not be liable for
the amounts in the statutory demands."
"There is a
substantial dispute regarding the issues of breach of duty and the
validity of the Agreements. These issues should not be resolved by
the summary procedure for winding up a company."
"I have found
that the Debts are disputed on substantial grounds. As such it is
not necessary to make separate findings on whether the Applicants
have a reasonable prospect of establishing a sett-off or
counterclaim in an amount greater than the amounts claimed in the
statutory demands."
"The
evidence…..is that Mr. Kambourides was acting in concert with
Zoniro and others to slow down the work of the DCI projects to
cause financial harm to DCI. "
"Therefore, the Applicants have a
reasonable prospect of establishing a claim for conspiracy that
could result in an award of substantial damages against Zoniro and
others….."
"In any
event, I have found that the Debts are disputed on substantial
grounds."
As a reminder to shareholders, Mr. Kambourides
is the founder and controlling shareholder of DCP and DCP is the
former investment manager of DCI whose investment management
contract with DCI was terminated by DCI in March 2023.
As part of the judgment, the judge also ordered
Zoniro to pay 75% of the costs incurred - with the final amount to
be assessed if not agreed.
Greece - The First Instance Court of Athens, by
virtue of its Judgment, accepted our petition and suspended the
enforcement order by Zoniro. More importantly the Court ordered the
unfreezing of the bank account held by DCI's Greek operations at
Kilada development. Since MCO's bank account was released and is
fully operational again.
Enquiries
DCI
Advisors Ltd
Nicolai Huls / Nick Paris, Managing
Directors
|
nickparis@btinternet.com
+44 (0) 7738 470550
|
Cavendish Capital Markets (Nominated Adviser &
Broker)
James King / Jonny Franklin‐Adams /
Edward Whiley / Oscar Valeur‐Adu (Corporate Finance)
Pauline Tribe (Sales)
|
+44 (0) 20 7220 0500
|
FIM
Capital Limited (Administrator)
Lesley Lennon / Grainne Devlin
(Corporate Governance)
|
llennon@fim.co.im
/ gdevlin@fim.co.im
|