With G.M.S.T. v Gallacher finally dismissed in Jim’s favour, Mortonjag is for the first time free to publish literally HUNDREDS of previously secret documents. It’s going to be a fun ‘closed season’ folks, but firstly to lovable Auld Nick.
Douglas Rae’s tea boy will never change – heid doon every time and then can’t admit he’s made a HUGE arse of himself.
On 12th March 2012 the Trust obtained court consent to assign adjudication on its ‘Small Claim’ to the Trustee, DESPITE BEING FREE TO CONTINUE THE ACTION IN COURT. That was to avoid a hearing on evidence which the Trust feared it would lose.
Jim Gallacher wasn’t a Debtor of the Trust, but when his Trustee wrote this he wasn’t clear that the underlined items were THE ONLY ITEMS CLAIMED BY THE TRUST AS DEBT, and with no debt there’s no insolvency process!
Jim had a long ‘phone call with his Trustee shortly before the Trust Deed ended, reminding him about the contentious nature of the Trust’s claim, and specifically of the eight page submission from his solicitor in December 2011. Mr. Forsyth promised to look at everything before reaching a decision, and reach a decision he most certainly did!
HERE HE IS CLEARLY ‘ADVISING THE TRUST OF HIS ADJUDICATION’….
….BUT there was just one problem. He hadn’t done what he was supposed to do – fully examine the claim, (a carbon copy of the evidence for court – FIGURES – WITNESS STATEMENTS – THE LOT) -something he admitted on the ‘phone to Jim Gallacher with the excuse that it was ‘only 1p in the pound’!!
Needless to say, Jim was a little peeved and lodged a formal objection to the adjudication which was hastily withdrawn.
THE FINAL SENTENCE ABOVE HAS CONSIDERABLE RELEVANCE TO YESTERDAY’S DECISION.
Fast forward to the result of an investigation by the Accountant in Bankruptcy. Mortonjag will tell the whole intriguing tale, piece by piece, over the closed season!
Good grief, and there’s poor Auld Nick today trying to persuade half a dozen gullible clots on a messageboard that the Trust didn’t lose the case! He’s possibly still confused because his fellow bean counter ‘Dear Iain’ Forsyth initially WON FOR HIM BY ADJUDICATING IN THE TRUST’S FAVOUR.
THAT WAS SOME ERROR, and you’d expect the Compliance Manager to get things spot on – after all, it’s what she’s paid to do, but like his Wemyss Bay buddy, Forsyth has ‘a way with words’!
Clear as mud, but what the Hell, she said it was chucked out and he said it should never have got there in the first place. That was AFTER HE HAD BEEN FORCED TO EXAMINE ALL OF THE EVIDENCE. The case was referred by the court for the Trustee’s adjudication, and ‘Dear Iain’ subsequently confirmed to Mortonjag that he HAD studied the evidence from Harper Macleod LL.P. which formed the defences to the case.
NO MATTER HOW AULD NICK TRIES TO DRESS IT UP, THE TRUST MOST CERTAINLY LOST THE CASE.
G.M.S.T. v Gallacher has been formally dismissed, and with Jim Gallacher finally exonerated, Mortonjag is free to use certain documentation. The complaint to I.C.A.S. will soon be finalised.
Next time, Mortonjag will deal with another piece of TOADMEISTER fantasy which surely deserves a red dot Nickhead….
….and with reference to yesterday’s judgement, and yet another thoroughly misleading circular to members, Mortonjag cautions those who purport to represent the G.M.S.T. membership – don’t get too cocky! IT’S NEVER OVER UNTIL THE FAT BEAN COUNTER STOPS BLOWING HIS OWN TRUMPET!