The Court directed that the deed administrators were justified in effecting completion of the Gaston DOCA as modified by the Relating Deed, which reduced the purchase price by USD $1.7 million in exchange for waiver of conditions precedent relating to mining tenement renewal. The Court held that the changed circumstances — including reduced returns to shareholders (from $0.018 to $0.007 per share) — did not call into question the validity of the prior s 444GA leave orders, as members would still not be unfairly prejudiced given the alternative liquidation scenario would likely yield nil return to shareholders.
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