Ann: Half Yearly Report and Accounts , page-12

Using your same logic Gard's..."If grim had knowledge (which he obviously did)..then the board of nicu/mmx should have had knowledge if doing their job properly"...then if Barnes had knowledge (which he obviously did) then the board of chm should have had knowledge if doing their job properly!!!!....
Maybe the truth is more likely...Grim and Barnes both acted independently and the relevant boards (companies) Nicu and chm, both had NO knowledge of what was going on...2 individuals using their relevant positions to gain a spotters fee and feather their own nests....Therefore chm are due their funds back with interest from MMX....chm due some settlement from thier naughty director (barnes) , which they now have, ..And MMX due some settlement from their naughty director Grim.....There you go folks, All wrapped up, naughty people punished, chm get their few hundred grand back with interest from MMX and both chm and MMX can get on with the business of mining....Everyone happy....My belief is that any fair and reasonable person, availed of the facts, including the wise judge will see it this way too...