Johnson Matthey v Arya [1985] JLR 208 (22 November 1985)

Johnson Matthey v Arya [1985] JLR 208 (22 November 1985)

An interlocutory injunction will be lifted if it was granted on the basis of material misrepresentation or non-disclosure by the applicant, and the court would not have granted it had the true facts been disclosed.

Citation
[1985] JLR 208
Parties
Applicant: Johnson Matthey; Respondent: Arya
Jurisdiction
Jersey
Judgment Date
22 November 1985
Procedural Posture
Civil / Interlocutory
Outcome
injunction lifted
Legal Topics
Interlocutory Injunction, Misrepresentation, Non Disclosure
Injunctions Civil Procedure Interlocutory Injunction Misrepresentation Non Disclosure

Case Brief

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Parties

Johnson Matthey

Applicant

Arya

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether an interlocutory injunction should be lifted due to material misrepresentation or non-disclosure by the applicant

Ratio Decidendi

An interlocutory injunction will be lifted if it was granted on the basis of material misrepresentation or non-disclosure by the applicant, and the court would not have granted it had the true facts been disclosed.

Court Disposition

injunction lifted

Orders

  • The interlocutory injunction is peremptorily lifted.