A global food delivery company may be trying to shirk liability for alleged double-dealing in a case where an Aussie food delivery start-up was almost sold twice.
Canadian food delivery company Fantuan is attempting to shirk any liability for the alleged double-dealing that resulted in UK rival HungryPanda taking it to court, over the attempted purchase of an Australian-based rival.with Fantuan to sell it its assets, enabling it to set up a local operation, despite Easi having already agreed to a $50 million acquisition by HungryPanda.
In case the Victorian Supreme Court sides with HungryPanda and imposes damages, Fantuan has a plan B – to claim it should not pay, but that Easi’s sellers and executives should pay, based upon breaching their contract with Fantuan.Their alleged misconduct includes failing to hand over customer databases at agreed upon dates, and then deleting masses of company documents after being compelled by a UK court to hand them over.
It is also seeking an account of the profits allegedly derived from the use of the information, or equitable compensation, as well as damages and interest for allegedly inducing Easi executives to breach their agreement with HungryPanda. Ms Wang, Mr Wang, Mr Li and Ms Shi are also being pursued for “accessorial liability” for Easi’s breach of fiduciary duties, and are accused of improperly using their positions to make a profit for themselves.In January, it was announced that HungryPanda had paid $50 million to acquire Easi.
The third party notice filed by Fantuan states that “the sellers and/or senior Easi executives ought to be liable to Fantuan Australia for that loss and damage” which result from any injunctions against Fantuan Australia.
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