Henderson sought relief under the Fraudulent Conveyances Act and the Assignments and Preferences Act, alleging fraudulent transfers of assets to hinder debt collection.
Allegations also included conspiracy and unjust enrichment involving the Sicotte defendants.
Court's Findings:
Fraudulent Conveyances Act: Relief was denied as Sicotte defendants could not be found to have conveyed Amega’s assets.
Assignments and Preferences Act: Claims failed as the transfers in question did not align with the statute’s requirements.
Conspiracy Allegations:
Insufficiently pleaded with no clarity on overt acts by defendants or specific harm caused to Henderson.
Unjust Enrichment:
Lack of material facts supporting claims of enrichment by Sicotte defendants.
Outcome:
The court struck out Henderson’s statement of claim against the Sicotte defendants without leave to amend, citing irreparable deficiencies in the pleadings.
Costs totaling $18,662 awarded to Sicotte defendants, payable by Henderson within 30 days.
