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The suggestion is that the plaintiff is attempting to shirk the legal burden of proving his case by relying on an absence of evidence that Crossbridge performed the Services. I accept the defendant’s submission that the plaintiff has brought these suits against him as part of a vendetta arising from the defendant’s decision to kill the goose that laid the golden egg by winding up Hocen in 2007.ĭefendant’s Closing Submissions, para 42. The parties’ business relationship has obviously ended in acrimony. It also led the plaintiff to fund the liquidators to pursue the defendant in these suits, and eventually to take over as the plaintiff in both suits. The resulting deadlock led to the defendant’s application to wind up Hocen in 2007. Each party then suspected the other of trying to take over the entire corrupt business for himself. In short order, and supercharged by corruption, Hocen’s business proved lucrative beyond either party’s expectations (see below). The parties’ business relationship began on the basis that the plaintiff would bring to the table his capital and access to financing while the defendant would bring to the table the business opportunity to sell cables in China and his personal relationships with Chinese buyers.
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33 Before turning to the parties’ cases, I make this general observation.