A certificate of pending litigation cannot be used by an unsecured creditor to freeze a debtor's assets for pre-judgment execution.
The plaintiff, Casaplata Inc., brought an urgent motion seeking leave to issue a certificate of pending litigation (CPL) against a property owned by the individual defendants (the "Owners") to secure a prospective future judgment.
The property in question was not security for the plaintiff's original mortgage.
The defendant Sub-Prime Mortgage Corporation opposed the motion.
The court dismissed the motion, holding that a CPL is not intended to secure a damages claim or to preserve assets for future enforcement.
The court also found that the plaintiff misrepresented the urgency of the motion and failed to provide sufficient evidentiary support for its claims, leading to a substantial indemnity costs award against the plaintiff.
Request to dismiss untimely allegations denied; whether incidents form a series requires evidentiary hearing.
The respondent requested the dismissal of three allegations of discrimination that occurred more than one year before the Application was filed.
The applicant argued the incidents formed a series of events culminating in his termination.
The Tribunal declined to dismiss the allegations at the preliminary stage, finding that whether the incidents constituted a series of events with a thematic connection could only be determined after hearing evidence at the merits hearing.
The respondent's request was dismissed.
Board of trustees' dissolution of the board of directors and suspension of members declared unlawful.
The applicants, members of the board of directors of a not-for-profit community centre and mosque, sought a declaration that the board of trustees unlawfully dissolved the board of directors and suspended two applicants.
The court found that neither the constitution nor the Corporations Act granted the trustees or the members at an emergency meeting the authority to dissolve the board or suspend members indefinitely.
The court declared the dissolution and suspensions unlawful and of no force or effect, and awarded costs to the applicants.
