A FACTUAL STATEMENT.

 

Earlier this year the Greenock Morton Supporters’ Trust committee announced that a hearing on evidence of G.M.S.T. v Gallacher was expected in April.

THAT HEARING WILL NOT TAKE PLACE BECAUSE SHERIFF HAMILTON HAS SUBSEQUENTLY ACCEPTED THAT ADJUDICATION ON EVIDENCE  HAS ALREADY BEEN MADE BY MR. GALLACHER’S TRUSTEE WHO REJECTED THE TRUST’S CLAIM.

HIS LORDSHIP’S DECISION FOLLOWED AN INCIDENTAL APPLICATION FOR DISMISSAL OF THE TRUST’S ACTION BY MR. GALLACHER’S LAY REPRESENTATIVE. THAT APPLICATION INCLUDED INFORMATION NOT PREVIOUSLY AVAILABLE TO THE COURT.

THE TRUST DID NOT OPPOSE THE APPLICATION – ACCEPTING THE TRUSTEE’S VERDICT, AND THEREBY CONCEDING ON THE ISSUE OF EVIDENCE.

IN SIMPLE LAY TERMS, THE TRUST’S CASE HAS NOW BEEN REJECTED ON THE STRENGTH OF THE EVIDENCE IT SUBMITTED IN SUPPORT OF G.M.S.T. v GALLACHER.

ANY SUGGESTION THAT THE EVIDENCE HAS NOT BEEN THOROUGHLY EXAMINED IS INACCURATE. THE PROCESS WAS OVERSEEN BY THE ACCOUNTANT IN BANKRUPTCY AND INCLUDED EXAMINATION OF THE ‘DEFENCES’ WHICH WOULD HAVE BEEN USED IN COURT TO COUNTER THE TRUST’S ACTION. 

IN MARCH 2012, THE COURT ASSIGNED ADJUDICATION TO THE TRUSTEE AT THE TRUST’S REQUEST, DESPITE THE FACT THAT THE TRUST WAS ENTIRELY FREE TO PROGRESS ITS HEARING ON EVIDENCE.

INSTEAD IT CHOSE TO CLAIM ON A TRUST DEED WHEN IT HAD NO EVIDENCE OF A DEBT OWING BY MR. GALLACHER. THE REASONS FOR THAT DECISION HAVE BEEN DETAILED ELSEWHERE IN THIS BLOG.

HAVING IN 2016 MADE A DETAILED EXAMINATION OF THE EVIDENCE (IDENTICAL TO THAT SUBMITTED TO THE COURT) AND OF MR. GALLACHER’S ‘DEFENCES’, THE TRUSTEE DETERMINED THAT THE TRUST’S CLAIM SHOULD NOT HAVE BEEN ADMITTED IN THE FIRST PLACE. THE TRUSTEE WAS UNABLE TO FIND SUFFICIENT EVIDENCE TO SUPPORT THE CLAIM.

AGAIN, IN SIMPLE LAY TERMS – THE TRUST’S ‘REFEREE OF CHOICE’ ESTABLISHED THAT JIM GALLACHER HAD NO CASE TO ANSWER – THAT THE TRUST HAD FAILED TO PROVE ITS CASE.

THAT ADJUDICATION HAS NOW BEEN RATIFIED BY THE COURT, AND SHERIFF HAMILTON WILL MAKE A DETERMINATION ON COSTS IN MAY, BASED ON SUBMISSIONS BY BOTH PARTIES.