{"issue_text":"Whether the present restitution claim is res judicata or functus officio","issue_type":"procedural","dispositive":"no","related_facts":"Previous arbitral award and court confirmations"}
{"issue_text":"Whether the court has jurisdiction to hear the restitution claim","issue_type":"procedural","dispositive":"no","related_facts":"Previous proceedings did not address financial consequences"}
{"issue_text":"Whether the invested monies were a loan or share purchase","issue_type":"mixed","dispositive":"yes","related_facts":"USD2.5 million total investment, agreement wording unclear"}
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Facts of the Case
Background
Pomelo Mining (as investor) and Annadale Trust (as asset owner) entered into a mining joint venture through Beatrice Mine, with 74% and 26% shareholding respectively. The joint venture collapsed and was cancelled by arbitral award on 1 August 2018, which was confirmed by the High Court and Supreme Court. Pomelo now seeks restitution of its total investment of approximately USD2.5 million, claiming this was not addressed in previous proceedings.
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