If the judge rules in favor of the Shreholders' Committee CS), Fung and the rest of the Board of Directors will be forced to leave the company and the Judge will have to appoint a Trustee. Such a ruling would imply that they all failed in exercising their loyalty and Fiduciary duty. 

Such a ruling will open the flodgate for civil suits for lots of money against Crystallex and a company and the Board of Director members personally. The way out for them, if they see the ruling favoring the SC, is for the company to reach an agreement prior to the ruling.

Courts tend to err on the side of the company / Management using the " business judgement" argument. However, the the combination of all the events / facts underlying this case does point to Tenor and Senior Management being in great cahoots to enrich themseleves at the shareholders expense.