Talika Invs. v Olec Properties [1990] JLR 200 (12 September 1990)

Applicants for ex parte interlocutory injunctions are under a duty to make full and frank disclosure of all essential facts and must not rely on the court's own knowledge or inquiries.

Citation: [1990] JLR 200
Parties: Applicant: Talika Investments; Respondent: Olec Properties
Jurisdiction: Jersey
Judgment Date: 12 September 1990
Procedural Posture: Injunction / Interlocutory
Outcome: application procedure clarified
Legal Topics: Injunctions, Ex Parte Applications, Disclosure Obligations

Civil Procedure Injunctions Ex Parte Applications Disclosure Obligations

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Parties

Talika Investments

Applicant

Olec Properties

Respondent

Procedural Posture

Injunction / Interlocutory

Legal Issues

1 Whether an applicant for an ex parte interlocutory injunction must make full and frank disclosure of essential facts
2 Whether the applicant can rely on the court's own knowledge and inquiries

Ratio Decidendi

Applicants for ex parte interlocutory injunctions are under a duty to make full and frank disclosure of all essential facts and must not rely on the court's own knowledge or inquiries.

Court Disposition

application procedure clarified