Es, we don't know the precise circumstances, the account having come only from one source, but if I were Buchler I'd seize any excuse to exclude Smith. There seems to be no limit to the man's villainy and stupidity.
The premature serving of the writ creates two obvious problems. First, it raises a question as to whether the company can continue to trade on solvency grounds, a serious issue for any board but especially so for insolvency practitioners. Secondly, it gives various new arguments that Rybak's team can use; I dare say security for costs will become an issue again.
In addition to that, of course, it means considerable legal time must be devoted to the defence, most unfortunate when Rybak is mounting a vigorous defence which will take more work than anticipated to deal with.
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