The plaintiff obtained an ex parte Mareva injunction against his brothers and their jointly owned corporations amidst a family business dispute.
On the return motion, the defendants argued the injunction should be set aside due to the plaintiff's failure to provide full and frank disclosure of material facts, including his involvement in prior litigation and his control over a corporate mortgage.
The court agreed that the plaintiff breached his duty of full and frank disclosure and discharged the Mareva injunction over the defendants' personal assets.
However, the court exercised its discretion to grant an alternate interim injunction securing specific corporate cash accounts and real properties pending trial.
