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The court refused to set aside a prior removal order and default judgment in a contested estate administration dispute, finding wilful delay, no prompt application, and no meritorious defence.
The court awarded damages for civil conspiracy against Terry Lai and Julie Cheah, found Crystal Yang unjustly enriched by $150,000, and varied a Mareva injunction.
The application judge correctly interpreted the Consulting Agreement as not entitling the appellant to acquisition fees; the evidence that the appellant received payments indirectly and offered no satisfactory explanation supported a strong prima facie case of fraud and bad faith; the judge applied a sufficiently stringent standard consistent with Cytrynbaum and denied advance funding under s.124 CBCA; the appeal is dismissed.
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The court lifted bankruptcy stays for two creditors, ordered production of trustee-held bankruptcy records, found fraud pleadings sufficiently particular, and kept a Mareva injunction against Marcus Tan.
The court dismissed a stay application because the defendants had already taken steps in the litigation, including seeking security for costs and damages.
The court clarified an earlier damages judgment, held that Rule 37 settlement rules still applied after default judgment, and ordered release of trust funds.
Interlocutory motions over garnishing orders and a Mareva injunction in an employment and fraud dispute. The court set aside both sides’ garnishing orders but kept the freezing injunction in place.
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