The plaintiffs brought a motion for contempt against the defendants for allegedly breaching a Mareva injunction by dissipating assets and failing to disclose bank accounts.
The defendants moved to strike the contempt motion for lack of particulars and improper service.
The plaintiffs brought a cross-motion for leave to amend their notice of motion and to file additional affidavits based on evidence obtained during cross-examinations and from third-party banks.
The court dismissed the defendants' motion, finding they had fair notice of the allegations.
The court granted the plaintiffs' motions to amend the notice of motion and file additional affidavits, as the new evidence was relevant and there was no non-compensable prejudice to the defendants.