Date: July 16, 2026

Dear Fellow Members of the Apes Hill Club Homeowners Association (“First Defendant”):

I am writing to provide you with a brief update regarding the ongoing proceedings before the High Court.

The Court has recently delivered its decision denying the Defendant’s application for the Recusal of the Judge. We have linked copies of the following documents:  

  1. The Decision dated 18 May 2026.
  2. Counsel’s report dated 10 July 2026 setting out the procedural history of the trial proceedings to date.
  3. The Claimant’s amended application filed 4 March 2026 for specific disclosure.
  4. The First to Fourth Defendants’ application for leave to appeal to the Court of Appeal filed 30 June 2026.
  5. The affidavit of the Third Defendant in support of the First to Fourth Defendants’ application for leave to appeal also filed on 30 June 2026.
  6. The Fifth Defendant’s notice of application for leave to appeal to the Court of Appeal filed 9 July 2026.
  7. The affidavit of the Third Defendant in support of the Fifth Defendant’s application for leave to appeal filed 9 July 2026.

The proceedings remain ongoing and the trial is presently scheduled to resume on 14 September 2026.

As part of the litigation, the Claimants have raised a number of issues concerning the governance and administration of the First Defendant, including matters relating to corporate records, governance procedures and compliance with the requirements of the Companies Act. Those issues are presently before the Court and remain to be determined. The Defendants dispute the Claimants’ allegations, and no final findings have yet been made by the Court on those issues.

We will continue to keep you informed of significant developments as the proceedings progress. In the meantime, we encourage members who wish to understand the current status of the matter to review the attached Court decision and accompanying documents. We also suggest that they visit the website of the apeshillbenevolentsocietyinc.com which contains all of my prior communications together with many of the documents now before the High Court. 

Yours faithfully,
Paul L Lamb
President