The moving parties, Orange Transport Inc., Charbel Matar, and Maroun Aoun, sought a Mareva injunction against Joe Nahra to prevent him from transferring or encumbering his property and disposing of assets, and a certificate of pending litigation (CPL) on his property.
They alleged Nahra breached fiduciary duties, misappropriated funds, and competed directly with Orange Transport, causing significant losses.
Nahra disputed the allegations, claiming he was divested of directorial authority before competing and that asset sales were for legitimate expenses.
The court dismissed both the Mareva injunction and CPL requests, finding the moving parties did not establish a strong prima facie case, nor did they prove Nahra's intent to defraud by dissipating assets.
The balance of convenience also did not favor granting the injunction, and the CPL was denied as the claim did not assert an interest in the land and was not pleaded.
