The defendant brought a motion to set aside an ex parte Mareva order obtained by the plaintiff, which froze the proceeds of the sale of a property.
The defendant argued that the plaintiff failed to make full and fair disclosure of material facts, specifically regarding a 'secret' trust agreement and the plaintiff's lack of assets to satisfy its undertaking as to damages.
The court agreed, finding that the plaintiff's failure to disclose that the trust agreement was not public and that the plaintiff was a shell company without assets constituted material non-disclosures.
The court set aside the ex parte order.
