Jessica Stansfield

The plaintiffs sought costs in relation to an ex parte Mareva, Norwich and preservation order obtained against the defendants and for responding to a motion to set aside the order.

Farhad Eshfagh, who was partially successful in having the Mareva injunction lifted, also sought costs.

The court declined to award costs at the interlocutory stage, finding it premature to do so given that the matter remains ongoing and no final determination on the merits has been made.

The court rejected claims for substantial indemnity costs, finding no reprehensible or scandalous conduct warranting such an award.

Costs were ordered to be in the cause, to be determined at trial.

The decision concerns a motion to set aside or vary a Mareva injunction, Norwich order, and preservation order obtained ex parte by the plaintiffs in a cryptocurrency mining business dispute.

The court finds a strong prima facie case of fraudulent misrepresentation against most defendants, upholds the Mareva and preservation orders (except as against Farhad Eshfagh), and addresses the standards for full and frank disclosure on ex parte motions, risk of dissipation, and balance of convenience.

The applicants, Inivos Limited and Warrick Fentiman, brought a motion seeking a civil contempt order against the respondent, Richard Marsh, for allegedly breaching a prior Ontario Superior Court order that recognized and enforced English High Court injunctions prohibiting him from publishing defamatory statements.

The court dismissed the motion, finding that the November 7 order was not sufficiently clear and unequivocal to require the respondent to take positive steps to remove pre-existing defamatory content from the internet.

Furthermore, the applicants failed to prove beyond a reasonable doubt that the respondent had actual knowledge of the order's full terms until January 1, 2024, and he posted no new violating material after that date.

The court also stated it would have exercised its discretion to decline a contempt finding, as contempt is a remedy of last resort and there had been substantial compliance since the respondent gained full knowledge of the order.