The plaintiff brought an urgent motion for an interim and interlocutory Mareva injunction against the defendants, alleging fraud related to a $1.8 million loan.
The plaintiff claimed fraudulent misrepresentation regarding property ownership and the defendants' failure to record mortgages, which allowed subsequent encumbrances.
The court found a strong prima facie case of fraud but was not satisfied that there was a real risk of asset dissipation or irreparable harm, particularly as the pending sale of a property was deemed a bona fide transaction.
The motion for an interim Mareva injunction was dismissed, but the defendants were ordered to provide disclosure of payout statements and writ of seizure and sale details for the property sale.
