Matthews v Matthews [2001] JLR 334 (28 June 2001)

Matthews v Matthews [2001] JLR 334 (28 June 2001)

The Mareva injunction was discharged because there was no evidence that assets were likely to be dissipated and no injustice would have been caused by waiting for an inter partes hearing.

Citation
[2001] JLR 334
Parties
Applicant: Matthews; Respondent: Matthews
Jurisdiction
Jersey
Judgment Date
28 June 2001
Procedural Posture
Injunction / Application for Discharge of Mareva Injunction
Outcome
Mareva injunction discharged
Legal Topics
Mareva Injunction, Discharge of Injunction, Ex Parte Application
Civil Procedure Mareva Injunction Discharge of Injunction Ex Parte Application

Case Brief

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Parties

Matthews

Applicant

Matthews

Respondent

Procedural Posture

Injunction / Application for Discharge of Mareva Injunction

Legal Issues

  1. 1 Whether a Mareva injunction should be discharged if there is no evidence that assets are likely to be dissipated
  2. 2 Whether an ex parte application for an injunction is necessary if no injustice would be caused by waiting for an inter partes hearing

Ratio Decidendi

The Mareva injunction was discharged because there was no evidence that assets were likely to be dissipated and no injustice would have been caused by waiting for an inter partes hearing.

Court Disposition

Mareva injunction discharged

Orders

  • Discharge of Mareva injunction