Rida Anmol

This endorsement addresses the costs arising from the respondents' largely unsuccessful motion to stay or dismiss the applicant's proceeding.

The applicant sought substantial indemnity costs, while the respondents sought costs thrown away due to the applicant's improper procedural choice (application instead of action) and conduct.

The court awarded the applicant partial indemnity costs of $50,000, but also awarded the respondents $25,000 "on account" for costs thrown away, considering the applicant's procedural misstep, improper contact with represented parties, and questionable urgency claims.

The net result was an order for the respondents to pay the applicant $25,000 in all-inclusive costs.

The respondents brought a motion to stay or dismiss the application as an abuse of process, alleging the applicant failed to immediately disclose a settlement agreement with a co-respondent, failed to disclose surveillance evidence, and improperly commenced the proceeding as an application.

The court found that the applicant had made immediate and proper disclosure of the settlement agreement to both the non-settling parties and the court, and that the handling of surveillance evidence did not constitute an abuse of process.

The motion to stay was dismissed, but the court ordered the application converted into an action.

The plaintiffs sought to extend an interim injunction and a Certificate of Pending Litigation (CPL) against the defendants, alleging they were defrauded of $880,000 through an investment scheme involving real estate.

The court found a strong prima facie case of fraudulent misappropriation based on bank records showing funds diverted for personal use and no real estate purchases.

The court inferred a serious risk of asset dissipation and found irreparable harm would result without the injunction.

The balance of convenience favored granting the injunction and CPL.

The defendants' arguments regarding lack of fraud evidence, no risk of dissipation, and non-disclosure were rejected.

The plaintiffs moved for an interim order to preserve the proceeds of sale of a property, an accounting of assets, and a sworn statement of assets from the defendants.

This is the second action against the defendant regarding a $250,000 loan.

The plaintiffs allege the defendant used the loan to help pay for a property registered in his former wife's name.

The defendant did not participate in the motion.

The court found insufficient evidence that the plaintiffs' funds were diverted to the property or that the defendant received the proceeds of its sale.

The motion was dismissed against the defendant without prejudice, and dismissed against the former wife on consent that she provide a trust ledger from the property's sale.