Philip Viater

The appellant appealed a contempt order made by the Superior Court of Justice.

The respondent did not appear to contest the appeal.

The Court of Appeal allowed the appeal and set aside the contempt order based on the filed materials, explicitly noting that it was not ruling on or approving the parties' Minutes of Settlement.

The defendant sought leave to appeal an order granting a Mareva injunction and a Certificate of Pending Litigation against his home.

The plaintiff had sued the defendant after being shot by him.

The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the order because the requirements for a Certificate of Pending Litigation were not met, and the evidence of dissipation of assets for the Mareva injunction was based on the defendant's ill-health and need to pay legal fees rather than an intent to avoid judgment.

The court also found the matter to be of sufficient importance as the order expanded the circumstances in which such injunctions are granted.