Application and Particulars of Claim

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Primo de Aguilar
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Application and Particulars of Claim

Post by Primo de Aguilar »

IN THE IMPERIAL JUDEX OF THE IMPERIAL REPUBLIC OF SHIREROTH

PARTICULARS OF CLAIM


(a) the applicant´s full name;

Jaime Augustin Joaquin Primo de Aguilar,
Second Consul of the Empire of the Alexandrians,
Receiver of Commonwealth Global, a corporation registered, incorporated, and existing in accordance with Alexandrian law

(b) the defendant´s full name (if known)

1. Gustave Theodore Chevalier, aka Giles Melang, aka Thadeus Lange Jr, aka Thadeus Lange II, former citizen of Shireroth, former citizen of the Brettish Isles;

2. Imperial Ministry of the Interior of the Imperial Republic of Shireroth

3. Elwynn, known as The Elwynnese Union, and Prince of Elwynn, Mirza Jonathan Merlingsson Ayreon-Kalirion, the Emir of Sathrati


(c) a brief précis of the facts of the matter;

1. Commonwealth Global is a corporation registered, incorporated, and existing in accordance with Alexandrian law.

2. The Directors of Commonwealth Global adopted By-Laws to govern the corporation on August 28, 2012. http://empireofthealexandrians.org/comm ... 88#pid9588

3. His Imperial Alexandrian Majesty, Edgard II, was elected, in accordance with the By-Laws, by the Board of Directors as CEO of Commonwealth Global during the meeting of the Board of Directors, a quorum being present, on March 24, 2013. http://bastionunion.org/forum/viewtopic ... 695&t=8959

4. At that same meeting, a Resolution was adopted by the Board of Directors, a quorum being present:

"The members of the Board of Directors of Commonwealth Global
hereby vote to make the current Directors of the Company General Managers of the Company, with the area to engage in all aspects of business on behalf of the company, such as signing contracts, recruiting new business partners, investing in real estate, etc., except when they are overridden by a majority of Directors."

5. Respondent Chevalier/Lange/Melang requested forum presence with the Imperial Ministry of Trade of the Imperial Republic of Shireroth, September 20, 2013.
http://bastionunion.org/forum/viewtopic ... 59&t=10514

6 .Respondent Chevalier/Lange/Melang unlawfully and unilaterally purported to dissolve the corporation on September 25, 2013. http://bastionunion.org/forum/viewtopic ... 59&t=10541

7. Respondent Chevalier/Lange/Melang unlawfully and unilaterally purported to distribute the assets of the corporation, beginning September 25, 2013.
http://bastionunion.org/forum/viewtopic ... 42&p=84230

8. Respondent Elywynn and Respondent Shireroth accepted corporate assets of Commonwealth Global into their keeping, without knowing that these assets were fraudulently and unlawfully given and granted by Respondent Chevalier/Lange/Melang, to the detriment of Commonwealth Global.

(d) the laws which the applicant believes the named defendant has broken;

The Contracts Act of the Empire of the Alexandrians:

Part I, Article 8 (e) of The Contracts Act of the Empire of the Alexandrians:

e. If a person purports to be an agent, or an authorised agent does acts beyond his authorisation, liability shall be established against the agent and not the authorising party.

Part III, Article 16:
ARTICLE 16: Misrepresentation
a. A person shall be liable for a misrepresentation given in contractual negotiations if it induced the other party to enter into the contract.
b. A misrepresentation is a false preliminary statement.
i. The statement must be factual and not simply an opinion.
ii. The statement must be made by one party to the other.
c. Silence shall not be a misrepresentation unless there is a duty to disclose the facts.
i. Disclosing certain facts and not others may still amount to a misrepresentation.
d. Failure to disclose a change of circumstances in regards to a statement may make the statement a false preliminary statement.


Chapter XIV, Section M of the Imperial Code of Law (pre-5281) of the Imperial Republic of Shireroth:

Section M: Fraud

Subsection 1: Deception
Any person who by means of deception persuades another to act or not to act shall, if zie profits and the victim, or zir representative, suffers a loss, be found guilty of fraud and suffer the ordeal set by the Imperial Judex.

Subsection 2: Financial Fraud
Any person who makes use of a service for which there is a stated fee, without paying that fee, shall be found guilty of fraud and suffer the ordeal set by the Imperial Judex.

(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in
(d);

(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order;


Treaty concluded between the Empire of the Alexandrians and the Imperial Republic of Shireroth, August 7, 2005. http://shireroth.org/forum/viewtopic.php?f=277&t=13018

Commonwealth Alexandria, registered and incorporated under the laws of the Empire of Alexandria on March 29, 2012, with Gustave Chevalier as Incorporator. http://empireofthealexandrians.org/comm ... p?tid=1329

The corporation was renamed to Commonwealth Global and domiciled in the Empire of the Alexandrians, April 21, 2012. http://empireofthealexandrians.org/comm ... p?tid=1366

Subsidiaries of the corporation were incorporated under foreign law, April 20, 2012. http://bastionunion.org/forum/viewtopic ... 85&p=37038

The Contracts Act enacted within the Empire of the Alexandrians, May 15, 2012. http://empireofthealexandrians.org/comm ... p?tid=1386

A certain Vilhelm Benkern was hired, and later removed as Regional VP for Shireroth, May 21, 2012. http://bastionunion.org/forum/viewtopic ... 69&p=39933

Defense Products Division introduces HPR-125 rifle, May 24, 2012. http://bastionunion.org/forum/viewtopic ... 16&p=40303

His Imperial Alexandrian Majesty Edgard II was made Chairman on May 26, 2012. http://empireofthealexandrians.org/comm ... p?tid=1397

Historical Research Division earns 2,000 Erb from the Crown of Shireroth, July 16, 2012. http://bastionunion.org/forum/viewtopic ... 357&t=5710

Election of Directors took place during a shareholder meeting on August 27, 2012. http://bastionunion.org/forum/viewtopic ... 695&t=6329

Resignation of Gustave Chevalier as Chairman, CEO, and Senior Geopolitical Analyst, October 14, 2012. http://bastionunion.org/forum/viewtopic ... 39&p=55532

Announcement of purported relocation of headquarters to Shireroth and purported undomiciling of corporation, October 13, 2012. http://www.empireofthealexandrians.org/ ... p?tid=1694

A shareholders' meeting took place on October 14, 2012. http://bastionunion.org/forum/viewtopic ... 43&p=55547

Ayreon v Commonwealth Global and Chevalier/Melang, in the High Court of the Empire of the Alexandrians, October 22, 2012.
http://empireofthealexandrians.org/comm ... p?tid=1801

Arbitration proceedings in Shireroth, October 29, 2012. http://bastionunion.org/forum/viewtopic ... 71&p=57370

Notice of retirement of a member of the Board of Directors was disclosed on November 3, 2012. http://bastionunion.org/forum/viewtopic ... 695&t=7324

Giles Melang v. Simon B.E. a.k.a. Erasmus Verlag, court case in Shireroth
http://bastionunion.org/forum/viewtopic ... 58&p=65083

A shareholders' meeting took place on February 5, 2013. http://bastionunion.org/forum/viewtopic ... 695&t=8262

A shareholder disclosed his resumption of office as a member of the Board of Directors in accordance with the company bylaws on March 22, 2013. http://bastionunion.org/forum/viewtopic ... 695&t=8925

The extant list of members of the Board of Directors was disclosed on March 22, 2013. http://bastionunion.org/forum/viewtopic ... 695&t=8936

A meeting of the Board of Directors took place on March 24, 2013. http://bastionunion.org/forum/viewtopic ... 695&t=8959

Acquisition/Transfer of Commonwealth Real Estate, Ltd. to Commonwealth Global, May 15, 2013.
http://bastionunion.org/forum/viewtopic ... 695&t=9658

Creation and Appointment of Manager of Operations for Commonwealth Global, May 30, 2013.
http://bastionunion.org/forum/viewtopic ... 695&t=9755

Transfer of Commonwealth Casino to Commonwealth Global, June 21, 2013
http://bastionunion.org/forum/viewtopic ... 695&t=9906

Leave of Absence and Appointment of Officer, June 26, 2013.
http://bastionunion.org/forum/viewtopic ... 695&t=9942

Respondent Chevalier/Lange/Melang purports to establish second global/galactic
headquarters, which is located in Silveronium in the Kingdom of Silveron, July 16, 2013.
http://bastionunion.org/forum/viewtopic ... 95&t=10132

Project Spawn announced, July 16, 2013
http://bastionunion.org/forum/viewtopic ... 95&t=10131

Respondent Chevalier/Lange/Melang requested forum presence with the Imperial Ministry of Trade of the Imperial Republic of Shireroth, September 20, 2013.
http://bastionunion.org/forum/viewtopic ... 59&t=10514

Respondent Chevalier/Lange/Melang purported distribution of corporate property, September 25, 2013. http://bastionunion.org/forum/viewtopic ... 42&p=84230


Appointment of Petitioner as Second Consul, March 31, 2014. http://empireofthealexandrians.org/comm ... p?tid=2601

Consular Order No. 2, Series 2014, promulgated on April 16, 2014. http://empireofthealexandrians.org/comm ... p?tid=2607

Consular Order No. 3, Series 2014, promulgated on April 17, 2014. http://empireofthealexandrians.org/comm ... p?tid=2607

Companies Act of 2014 enacted within the Empire of the Alexandrians, May 3, 2014. http://empireofthealexandrians.org/comm ... p?tid=2687

Consular Order No. 7, Series 2014, promulgated on May 16, 2014. http://empireofthealexandrians.org/comm ... p?tid=2607

Public Notice, May 16, 2014. http://empireofthealexandrians.org/comm ... p?tid=2717

Imperial Criminal Code enacted within the Empire of the Alexandrians, July 7, 2014. http://empireofthealexandrians.org/comm ... p?tid=2832

Second Public notice, October 4, 2014. http://empireofthealexandrians.org/comm ... 2#pid18542

Reply by Mr Lange, October 8, 2014. http://empireofthealexandrians.org/comm ... 5#pid18775

Notice of Receivership, January 1, 2015. http://empireofthealexandrians.org/comm ... 6#pid20536

Petitioner further reserves the right to produce further evidence of stock transfers, sales, and stock transactions as the need arises.

(g) any other material that is necessary for the hearing of the application.

Petitioner respectfully prays that this Honorable Court, invoke the provisions of Chapter IV D of the Imperial Code of Law.
D. Minister of Trade

Subsection 1: General Duties
The job of the Minister of Trade (hereafter referred simply as "the minister") is to see to all economic affairs within Shireroth, and maintain the Shirithian Imperial Treasury.
Subsection 2: Specific Duties
a. In cases dealing with procedure, the Minister of Trade shall act as director and comptroller of the functioning of the economic system.
b. The minister shall promote the use of the economic system and devise of new ways to implement it.
c. The minister shall act as the authority for registering businesses and shall ensure the correct procedures are followed by said companies.
d. The minister is warranted to conduct any financial investigations, and warranted to audit accounts registered in The Imperial Republic Of Shireroth. Any judgment issued by the minister under this section may be appealed to the Imperial Judex.

Petitioner respectfully prays that this Honorable Court, invoke the provisions of Chapter VII C of the Imperial Code of Law for the relief of petitioner.
Section C: Economic

Subsection 1: Monetary Fines
a. The Kaiser and Arbiter may impose monetary fines upon individuals.
b. Monetary Fines shall be collected only in the currency of Shireroth, which is the Erb.
Petitioner, due to corporate detriment or damage resulting from non-intervention, as well as in the interests of justice, respectfully prays that this Honorable Court:

1. Issue an injunction against respondent Imperial Ministry of the Interior from transferring or disbursing any of the contested funds to a third party;

2. Issue an injunction against respondent Elwynn, from further use or enjoyment of the contested assets, or the transfer or alienation thereof to a third party;

Petitioner finally respectfully prays that corporate assets of Commonwealth Global, including subsidiaries lawfully acquired, unlawfully discharged and distributed by Respondent Chevalier/Lange/Melang, be returned in full and without lien to the petitioner.

(h) a fee to be determined by the Arbiter of the Judex.
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Jaime Augusto Joaquin Primo de Aguilar, PC, GLH, GCNM, FSM, OGKC
Autokrator of Constancia and Co-Ruler of the Kingdom
Kanikleios to Basileusa Megaliótate Cleo, Autokrateira of Constancia
Strategos of the Thema Oranjēsiōn
Minister of Finance, International Trade and Industry and Kyvernítis of the Basileusian Bank,
Sýmvoulos of the High Court of the Free and Associative Kingdom of Constancia
Secretary-General, Micras Treaty Organization
Penultimate De jure Consul for Defense of the Empire of the Alexandrians
Alexandrian exile
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Jonathan
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Re: Application and Particulars of Claim

Post by Jonathan »

Your Honour

For my own part, and on behalf of the Elwynnese Union, I respectfully ask the Judex not to accept this case. The applicant's petition is in the wrong jurisdiction.

The Judex is not empowered to, in arbitration, handle disputes between entities that are not States of the Imperial Republic, nor to resolve any question that is not constitutional. There is nothing in the petition of Mr Primo de Aguilar to warrant a resolution of a constitutional question, nor can this case at all be said to be a dispute between imperial states.

If the Court will allow me, I would respectfully ask of Señor Primo de Aguilar to drop his case against Elwynn and me, and to meet me in Eliria to discuss his case, of which neither I nor my government previously know anything.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

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Re: Application and Particulars of Claim

Post by Thadeus Laing »

I categorically deny and oppose this claim, as well as the attempt to bring it forth where it has no valid jurisdiction, and oppose the inclusion of Mr Ayreon in the claim.

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Re: Application and Particulars of Claim

Post by Malliki Nur Pinito »

Your remarks are out of order, I will review this application on its merits.
Malliki Nur Pinito

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Re: Application and Particulars of Claim

Post by Malliki Nur Pinito »

Preliminary Orders

1. An injunction is hereby enforced against any and all assets or former assets of Commonwealth Global that exist within Shireroth at the present moment. Such assets are freezed and may not be tampered with in any way. Breach of this order will result in a 50,000 Erb fine.

2. A pre-trial hearing is hereby ordered. At that hearing the following questions shall be answered:

A. Does the issue of this suit fall within the jurisdiction of Shireroth?
B. If A is true, does the petitioner have standing to bring this suit?

3. I will hear arguments on both points from the applicant and the defendants. I will also accept amicus curiae briefs.

4. The Prince of Elwynn is hereby removed as a defendant in this application. The applicant has not shown that this suit applies to the Prince personally.

5. The respondents may approach the Judex within 48 hours with either an appointed Advocate, a notice that they will represent themselves, or a notice waiving representation. In that case or if no response is given, an Advocate will be appointed for them. The respondents may appoint a joint Advocate speaking for all.

SO ORDERED
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Primo de Aguilar
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Re: Application and Particulars of Claim

Post by Primo de Aguilar »

Your Honor,

May it please the Imperial Judex, the applicant will represent himself, with the assistance of co-counsel. Determination of co-counsel is currently ongoing.
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Jaime Augusto Joaquin Primo de Aguilar, PC, GLH, GCNM, FSM, OGKC
Autokrator of Constancia and Co-Ruler of the Kingdom
Kanikleios to Basileusa Megaliótate Cleo, Autokrateira of Constancia
Strategos of the Thema Oranjēsiōn
Minister of Finance, International Trade and Industry and Kyvernítis of the Basileusian Bank,
Sýmvoulos of the High Court of the Free and Associative Kingdom of Constancia
Secretary-General, Micras Treaty Organization
Penultimate De jure Consul for Defense of the Empire of the Alexandrians
Alexandrian exile
Son of Santiago, Santander

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Re: Application and Particulars of Claim

Post by Verion »

I will represent the defendant, Mr. Lange Jr., in this case.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Re: Application and Particulars of Claim

Post by Jonathan »

Your Honour -- I shall represent the Elwynnese Union.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Re: Application and Particulars of Claim

Post by Primo de Aguilar »

Your Honor,

Applicant manifests entry of appearance of Seoni Milharna as co-counsel.
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Jaime Augusto Joaquin Primo de Aguilar, PC, GLH, GCNM, FSM, OGKC
Autokrator of Constancia and Co-Ruler of the Kingdom
Kanikleios to Basileusa Megaliótate Cleo, Autokrateira of Constancia
Strategos of the Thema Oranjēsiōn
Minister of Finance, International Trade and Industry and Kyvernítis of the Basileusian Bank,
Sýmvoulos of the High Court of the Free and Associative Kingdom of Constancia
Secretary-General, Micras Treaty Organization
Penultimate De jure Consul for Defense of the Empire of the Alexandrians
Alexandrian exile
Son of Santiago, Santander

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Re: Application and Particulars of Claim

Post by Malliki Nur Pinito »

IMPERIAL REPUBLIC OF SHIREROTH
IMPERIAL JUDEX

Primo de Aguilar, Receiver of Commonwealth Global v Thadeus Lange Jr et al

Applicant
Jaime Augustin Joaquin Primo de Aguilar,
Second Consul of the Empire of the Alexandrians,
Receiver of Commonwealth Global

Represented by
Jaime Augustin Joaquin Primo de Aguilar, first counsel
Seoni Milharna, co-counsel

Defendants
Thadeus Lange Jr

Represented by
Jacob Darylion

Elwynnese Union

Represented by
Mirza Jonathan Merlingsson Ayreon-Kalirion

PRE-TRIAL HEARING

The Court requests the answer to the following questions:

1. Does the issue of this suit fall within the jurisdiction of Shireroth?
2. If A is true, does the petitioner have standing to bring this suit?

The Court will hear from the Applicant and both Defendants. Cite precedent and statute with links to relevant forum or wiki pages. The Court will also hear amicus curiae briefs. No particular order needs to be respected in this part of the proceedings, since this is only a preliminary hearing.
Malliki Nur Pinito

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Jonathan
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Re: Application and Particulars of Claim

Post by Jonathan »

Your Honour

The defendant the Elwynnese Union, hereinafter Elwynn, holds that the answer to both questions is "no".

The Charter's fourth article, section A says that the Judex is charged with "Upholding and interpreting the Charter and the common law of Shireroth" as well as "Arbitrating disputes between Imperial States".

The case submitted by Mr Primo de Aguilar is covered by neither provision. The matter of settling of what has happened with Commonwealth Global (CWG) is a matter under Alexandrian law. Mr Primo de Aguilar maintains and has, to some extent, showed that Alexandrian law covered CWG during the break-up of the company's assets. If it is Alexandrian law that governed CWG during that time, then this matter is for an Alexandrian court. The Judex is not charged with upholding and interpreting Alexandrian law. There is no authorization for that. The first question must therefore receive a negative answer.

If the case however is that CWG was governed by Shirerithian law at the time of break-up, thenthat would mean that this Judex may have jurisdiction if covered by the common law provision of the Charter's fourth article. It may then be the case that the other defendants may be covered by this, but Elwynn does not accept that it should be part of the trial in that case. Elwynn is a sovereign entity. Under the provisions of Article V, section B of the Charter, "Imperial States are sovereign in all matters not expressly reserved to other individuals or bodies by the Charter." There is no part in the Charter that makes questions of trade and business an imperial-federal prerogative. On the contrary, the Charter cautions against entrenchments on imperial states. An imperial-federal prerogative must be "expressly reserved". It does not mean it could be implied by a common law interpretation. No, it must be clear and expressly reserved that such question is an imperial-federal prerogative (compare with the judgment in Re: Armed Forces of the Imperial Republic, section "State Sovereignty and Imperial Law")
Imperial States may be brought to arbitration in the Judex if there is a dispute between them. The petitioner is not an imperial state and therefore lacks standing to sue Elwynn.

Finally, if Shirerithian law governed the break-up of CWG assets, then by the own admission of Mr Primo de Aguilar, there would be no case here, since he is, allegedly, the "receiver of Commonwealth Global" according to Alexandrian law, not Shirerithian.

For those reasons, Elwynn moves to answer both questions, in the case between Mr Primo de Aguilar against Elwynn, in the negative. Elwynn humbly requests of the Judex to strike Elwynn out of the list of defendants in this case.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Re: Application and Particulars of Claim

Post by Verion »

So, does Primo's first post count as his answer to the questions raised by the praetor? Or did the Prince of Elwynn just speak before his turn?
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Re: Application and Particulars of Claim

Post by Kaiser Redquill »

Maliki said:
"The Court will hear from the Applicant and both Defendants. Cite precedent and statute with links to relevant forum or wiki pages. The Court will also hear amicus curiae briefs. No particular order needs to be respected in this part of the proceedings, since this is only a preliminary hearing."

This means that anyone can say what they want at anytime, if I'm not mistaken.
Kaiser of the Imperial Republic of Shireroth
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Re: Application and Particulars of Claim

Post by Verion »

Smartass :p
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Re: Application and Particulars of Claim

Post by Verion »

Okay, I'll give a statement on why I think there is no case for the Imperial Judex here against my client.

First, my cliënt is no longer a citizen of the Imperial Republic of Shireroth, although that doesn't mean the Judex cannot judge in this matter, it does mean that the Imperial Republic does not have the power to force a claim upon my client, who currently resides elsewhere.

Secondly, the Judex only takes into account Shirerithian law, a point the Prince of Elwynn also made. The case against my client seems to be founded in two laws, namely one Alexandrian law on misrepresentation and one repealed law of Shirerithian origin concerning fraud. Both laws are not valid in this court. In case the applicant wishes to use the repealed law on fraud for historical reasons, he should realize that my client did not profit from the action, and therefore wouldn't be guilty of fraud according to this law in the first place.

Thirdly, I understand, from evidence provided by applicant that my client had full power to "engage in business on behalf of the company". Since this business is not otherwise specified, my client seems to have had both the power and the position to put the company to a rest, especially since he was the major shareholder of this company.

Fourthly, it is important for this Judex to realise that all other members of the board of directors of CG have not acted against the actions undertaken by my client. To me it seems that this decision was not just the action of one man, but that the dissolvement of CG was the desired outcome of all members of the board of directors. I may assume that, in case this was not what they envisioned, we would have some sort of protest against this from them.

Fifthly, it seems to me rather suprising that this claim is issued by someone without an official position in Commonwealth Global. I would argue that possible damage claims could only be requested by people who were actually damaged by the actions of my client. Since this is not the case, and the dissolvement of Commonwealth Global occured more than one year ago, I see no other outcome of this process than to dismiss this case as a desperate and unfounded attempt for personal gain by a third party.

I thank you.
1.Titus Morvayne, Prefect of Shirekeep, Count of the Skyla Islands
2.Eki Aholibamah Verion, Queen in the North
3. Ludovic Verion, Lord of Blackstone and Governor-General of the Iron Company
4. Jeremy Harwinsson Archer, super sleuth

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Re: Application and Particulars of Claim

Post by Jonathan »

On a point of order, honourable Arbiter: what happened to the second defendant, the Imperial Republic?
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Re: Application and Particulars of Claim

Post by Malliki Nur Pinito »

Good question. Seems like there has been a clerical error.

The Imperial Republic is hereby summoned before this Court. The Minister of the Interior may choose to represent zirself or appoint counsel.
Malliki Nur Pinito

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Re: Application and Particulars of Claim

Post by Seoni Milharna »

Malliki Nur Pinito wrote:1. Does the issue of this suit fall within the jurisdiction of Shireroth?
The Imperial Lands are the proper venue for this suit, as the actions of defendant Lange were undertaken with the false understanding that he was the chief executive officer of Commonwealth Global when in fact my client was receiver of and sole responsible party for said corporation during the time in which Defendant Lange undertook said actions. This stands in contraindication to the laws inscribed in the Imperial Code of Law, which was one half of the law of the land at the time the supermajority of these actions occured — more specifically ICoL XIV, M, which forbids fraud on penalty of “[an] ordeal set by the Imperial Judex”. As this is a common law of Shireroth, per IC IV, A, a, it is the duty and obligation of the Imperial Judex to hear the matter and pass judgment thereon.
Malliki Nur Pinito wrote:2. If A is true, does the petitioner have standing to bring this suit?
Petitioner has indeed title to issue claim against Defendant Lange, as he in his capacity as receiver of Commonwealth Global has been defrauded of the assets of that corporation by the extralegal actions of Defendant Lange. Additionally, Petitioner has title to issue claim against Defendants Elwynn and Shireroth in an attempt to recoup the assets scattered to the four winds by Defendant Lange's fraudulent actions.
Seoni Miłarna
One of many Hālians

Janus Eadric

Re: Application and Particulars of Claim

Post by Janus Eadric »

Malliki Nur Pinito wrote:Good question. Seems like there has been a clerical error.

The Imperial Republic is hereby summoned before this Court. The Minister of the Interior may choose to represent zirself or appoint counsel.
The Ministry of the Interior appoints Stellus Yastreb, Minister of the Exterior and Count of Lunaris, as counsel and representative in these proceedings.

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Re: Application and Particulars of Claim

Post by Stellus Yastreb »

Milord Arbiter,

It is the position of the Imperial Republic that the Applicant's suit does not fall within Shirerithian jurisdiction.

As indicated by His Serenity the Prince of Elwynn, the Imperial Judex is only empowered to rule on matters of Shirerithian common law - therefore the elements of Alexandrian law cited by the Applicant, whatever their merits, are inadmissible here.

The question is the extent to which Shirerithian law alone concerns the Applicant's suit. The Applicant cites the pre-5281 Imperial Code of Law (hereafter referred to as the ICoL) which in that year was replaced by Act of Landsraad with the current Imperial Lawbook. As the ICoL was eradicated with no provision of Repeal With Savings or similar arrangement for any entity extant at that time, its role in Shirerithian law today is the same as if it had never been passed or even drafted. As such, the ICoL is even less admissible in this case than the Alexandrian law discussed above.

Today, the only provision relevant to this case in the entire corpus of Imperial law is Chapter 4.C.11 of the current Imperial Lawbook, which states that the Ministry of the Interior "shall have the responsibility to serve as registrar for all businesses operating within the Imperial Republic and to ensure the compliance of such businesses with any and all economic procedures and regulations as may exist". This provision affords the Ministry of the Interior primary power for the drafting and enforcement of financial regulation in the Imperial Republic. Since that provision was passed into law, no such regulations have been drafted by the Ministry of the Interior. This effectively means that all forms of proprietorial fraud are legal in the Imperial Dominions of Shireroth, and that until the Ministry of the Interior sees fit to regulate against fraudulent practices, any lawsuits of that nature fall outside of the Imperial legal framework.

Stellus Yastreb
For the Imperial Republic of Shireroth
Stellus Ryabinevich Dolorvenuk Yastreb
- Count of Lunaris in the Duchy of Goldshire
Head of the House of Yastreb, honoured throughout history as follows: Member of the Order of the Dragon, recipent of the Silver Swan Award (Imperial) recipent of the Order of the Silver Orchid (Elwynn) Knight Comrade of the Order of Mischievous Intent (Yardistan) Arx-Piscator of the Piscatores Alexandrii (Brookshire) Knight of the Nishan-i-Liaqat (Babkha), Paranoid Narcissist (everywhere)

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