Jersey Judgment

Goldtron Ltd. v Most Invs. Ltd. [2002] JLR 424 (09 August 2002)

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01

Holding and result

An ex parte applicant for a Mareva injunction must make full and frank disclosure of all known potential defences to the order sought. Failure to do so, including relying on ignorance of the importance of undisclosed matters or the fact that information is only discoverable within voluminous exhibits, is not a valid defence and may justify discharge of the injunction even if the order would have been made with full disclosure.

Court disposition

injunction discharged

Orders

  • Mareva injunction discharged for misrepresentation and non-disclosure

02

Material facts

Parties

Goldtron Ltd.

Plaintiff

Most Investments Ltd.

Defendant

03

Procedural history

  1. Posture

    Injunction (mareva) / Application to Discharge Ex Parte Injunction

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff argued that it was unaware of the importance of the undisclosed matters and that disclosure was not required if the information was only discoverable within voluminous exhibits.
Respondent
Defendant argued that the plaintiff failed to make full and frank disclosure of known potential defences and that the injunction should be discharged for misrepresentation and non-disclosure.

05

Court’s reasoning

  1. 01

    Jersey common law

    Ex parte applicants must make full and frank disclosure of all known potential defences to the order sought.

  2. 02

    Jersey common law

    It is insufficient for an applicant to claim ignorance of the importance of undisclosed matters or to rely on the information being buried in voluminous exhibits.

  3. 03

    Jersey common law

    A Mareva injunction may be discharged for non-disclosure or misrepresentation even if the order would have been made with full disclosure.

06

Ratio, limits and disposition

Ratio decidendi

An ex parte applicant for a Mareva injunction must make full and frank disclosure of all known potential defences to the order sought. Failure to do so, including relying on ignorance of the importance of undisclosed matters or the fact that information is only discoverable within voluminous exhibits, is not a valid defence and may justify discharge of the injunction even if the order would have been made with full disclosure.

Court disposition

injunction discharged

  • Mareva injunction discharged for misrepresentation and non-disclosure

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Judgment text

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Source document

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Judgment

[2002] JLR 424

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BAILII >> Databases >> Jersey Law Reports >> Goldtron Ltd. v Most Invs. Ltd. [2002] JLR 424 (09 August 2002) URL: https://www.bailii.org/je/cases/JLR/2002/JLR020424.html Cite as: [2002] JLR 424 [ New search ] [ Help ] Goldtron Ltd. v Most Invs. Ltd. 2002 JLR 424 (09 August 2002) Injunctions-Mareva injunction-misrepresentation and non-disclosure-ex parte applicant to make full and frank disclosure of known potential defences to order sought and insufficient that only discoverable within voluminous exhibits-no defence for plaintiff to state that unaware of importance of undisclosed matters-may discharge injunction even if order would have been made with full disclosure The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2002 JLR 424 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2002/JLR020424.html

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