Background

Claimants filed a case against defendants requesting that the court order them to pay compensation for damage resulting from the defendants' violations during their management of a company.

The court rejected the case.

The claimants appealed and the appeal court upheld the ruling.

The claimants appealed by cassation.

Decision

Before the cassation court the claimants argued that the ruling had insufficient evidence of causation and erred in the application of law as the documents proving their claims were in the defendants' possession and the expert should have reviewed these documents.

The court held that this argument was invalid as this defence had only been introduced for the first time before the cassation court.

The court therefore dismissed the appeal.