As promised I have found the resolution to my problem (the PWM issue not the posting on the wrong forum issue) after much soul searching and datasheet reading I tracked it down to be a typo.

the line:

PDC2L = Duty.LowByte
PDC2L = Duty.HighByte
should have been:

PDC2L = Duty.LowByte
PDC2H = Duty.HighByte
the code works fine now and I can now move through the commutation pattern of the brushless motor drive. I cant believe it came to this damn you cut-copy-paste.

Once again I apologies for posting here