Stephanie Garraway

The defendant moved to set aside a noting in default and for particulars, while the plaintiff brought a cross-motion to strike the defendant's affidavit and demand for particulars.

The court set aside the noting in default and ordered a few particulars, finding the statement of claim largely sufficient.

In supplementary reasons for decision on costs, the court found that while the defendant was entitled to costs for the default motion and the plaintiff for the particulars motion, the overall outcome was mixed, leading to no order for costs for either party.

The Defendants/Appellants appealed a Master's decision that dismissed their motion to set aside a Certificate of Pending Litigation (CPL) and confirmed a $600,000 payment into court as security.

The appeal focused on the Plaintiffs/Respondents' counsel's failure to disclose to the Master that opposing counsel had requested notice of the ex parte CPL motion.

The court found that this non-disclosure was a material fact that adversely impacted the Master's ruling, leading to a palpable and overriding error.

The appeal was allowed, the CPL discharged, the security fund released to the Appellants, and substantial indemnity costs awarded against the Respondents.