Look at transcript for day 2 - the questioning of PWKH. From about p. 60 (my copy) and forward is a lot about the loan, the discharge and how it is connected to the extension of the ACL lease.
I know PWKH does his best to not understand the questions put to him, or remember the right context or know which document to look at etc (quite funny actually), but sisu barrister is very patient and make sure the concept is made clear for the judge.
Thanks Godiva. Point taken. Yes it does go on about the intention for SISU to discharge the loan. Yes it does say that in return for SISU discharging the loan CCC would grant ACL 125 lease. It also mentions this would leave ACL "debt free" with no loan payments.
Questions though (not specifically for your self but things it raises in my mind)
It says SISU to discharge the loan. That to me means the Yorkshire Bank loan is settled by SISU. But what position would that leave ACL in? No finance creditor at all? £14m of debt written off its books? or would the amount paid by SISU to settle the loan be owed by ACL to SISU ? (in much the same way as SBS&L owe SISU investors and SBS&L has often been referred to as "debt free" by its directors) or even £14m still owed but not by formal loan?
The simple journals to remove the loan are Debit Yorkshire Bank £14m Credit ????? £14m. Is that all an addition to ACL reserves or split some other manner?
What do SISU get for their loan discharge payment? what is the accounting entry?
The transcript refers to SISU discharging the loan not SISU & CCC why is that? Then it turns out it was apparently not to be just SISU - what was actually on the HoT's?
Reference is made to ACL not CCFC having a 125 year lease. Clearly anyone would place a value on the grant of a 125 year lease what is that value to CCC? How was that value to be reflected in the ACL or CCC accounts?
That's some of the questions I think that section of the transcripts raises. I certainly do not see it as clear cut (what is in this dispute?). I also do not think that it is clear that ACL would have been left with no liabilities to pay SISU or CCC but looks like there was to be no formal loan agreement. (just as an aside between 2007 and 2011 the SISU investors in SBS&L did not charge any interest 2012 & 2013 they did - how often have there been assertions that the club is debt free we only owe the owners during that time?)
btw I think PWKH was making the point that he was there on behalf of the Charity not ACL. He also made the point that whilst the Charity may have been aware of the proposed deal they were not actually part of that deal and never agreed to it. (In which case was there any sort of deal in December 2012? certainly the attempt at a deal for the shares owned by the Charity had failed long before then - in August 2012 per the Judge- yet the share purchase was key to any later agreement surely? )
Like I said there is still no clarity of what was actually proposed and how it would have worked - but plenty of unanswered questions