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It may have enriched former unitholders, but not current ones (except where the two sets overlap).In other words current unitholders are paying back enrichment paid to former unitholders.
When you buy the shares you inherit the risks of the company. All they can do is charge the bill against HGT future income and dividends.
But read the yearly guidance/reports under litigation stating they were optimistic, but even at worse case, an adverse ruling would not significantly affect distributions. Each year over several years.