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.
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: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.
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.