The Plaintiff, Haventree Bank, brought a second ex parte motion for a writ of possession, having previously had a similar motion dismissed due to insufficient evidence.
The Bank failed to disclose the prior dismissal and presented contradictory evidence regarding an occupancy check.
The court emphasized the common law and Rule 39.01(6) duty of full and fair disclosure in without-notice motions, stating that failure to disclose material facts, including prior judicial findings, is unacceptable.
Due to the lack of candour and material discrepancies in the evidence, the motion was not granted but adjourned to be heard in person, on notice to the Defendant.