The plaintiffs brought a motion to continue an interim Mareva injunction, a Norwich Order, and certificates of pending litigation against the defendants, alleging they were victims of a multi-million dollar mortgage fraud orchestrated by their former lawyer and acquaintances to pay off the ex-husband's gambling debts.
The defendants cross-moved to vacate the orders and enforce the plaintiffs' undertaking as to damages.
The court found the plaintiffs failed to establish a strong prima facie case of fraud, noting their evidence was implausible and that they failed to make full and fair disclosure when obtaining the ex parte orders.
The court vacated the injunctions and orders but dismissed the defendants' motion to enforce the undertaking as to damages, finding it premature as the underlying claims of professional negligence and fraud remained to be determined at trial.
