The moving party sought orders compelling the respondent shareholder to personally pay out a corporate mortgage exceeding $2 million, failing which shares would be forfeited to the moving party.
The court held that the requested relief was barred by res judicata because the issues arose from matters already determined at trial in prior litigation between the parties.
The court also found the remedies sought were inconsistent with the governing shareholder agreement and that the moving party could not meet the test for mandatory injunctive relief.
On a cross‑motion, the respondents obtained a stay of a related corporate application pending the outcome of an expedited appeal concerning the underlying trial judgment and accounting issues.
