Jason Patrick Plant Moore

The moving parties brought a motion for leave to appeal a costs order.

The Divisional Court dismissed the motion and ordered the moving parties to pay costs of $5,000 to the corporate responding party and $5,000 to the individual responding parties.

This costs endorsement addresses the allocation of costs following a motion for injunctive relief brought by Mondee, Inc. and related plaintiffs against Voyzant Inc. and several individual defendants.

The court granted limited injunctive relief to Mondee, primarily the return and destruction of its information, but dismissed broader relief sought against the defendants.

The court found that the defendants were more successful on the substantive issues and awarded costs to Voyzant Inc. and the non-Binning departing employees, while denying costs to Jasvinder Binning due to his conduct.

The court declined to award Mondee its costs, holding that costs should generally be reserved to the trial judge where a trial is likely.

The decision concerns an interlocutory injunction sought by Mondee, Inc. and related companies against former employees and their new employer, Voyzant Inc., after a mass departure of staff and alleged misappropriation of confidential information.

The court grants an injunction requiring the return and destruction of Mondee’s confidential information taken by a departing employee, but declines to restrain the defendants from soliciting or dealing with certain customers, finding insufficient evidence of irreparable harm and that damages would be quantifiable.

The ruling provides a detailed analysis of the legal tests for interlocutory injunctions in the context of confidential business information and fiduciary duties.

The plaintiffs brought an ex parte motion seeking a Mareva injunction, an interim order for the recovery of personal property, an order freezing assets, and leave to issue a Certificate of Pending Litigation (CPL) against the defendants.

The motion alleged extensive fraud, conversion, and other torts by the primary defendant, Yueh-Tang Yang, involving millions of dollars and real estate, and a serious risk of asset dissipation.

The court granted most of the requested relief, finding a prima facie case of fraud and a demonstrated risk of asset dissipation, satisfying the criteria for the extraordinary remedies sought.