- 7 A
B
A
20.
The learned Vice Chancellor said at p 1370 that similar
B
considerations apply when dealing with an Anton Piller order, a Mareva
C
D
order and also in the case of an ordinary ex parte injunction.
He emphasised that the question whether the earlier ex parte order should
C
D
be set aside is not an urgent matter and is only relevant to the
E
E
cross-undertaking in damages.
F
F
21.
G
In my view, what the learned Vice Chancellor said in
G
Dormeuil Frères is applicable here.
H
H
22.
I
J
The discharge summons seeks to discharge the injunction
order and the Mareva order obtained ex parte on a number of grounds
including delay and the failure of the plaintiffs to make full and frank
disclosure of all material facts at the time of the order.
K
L
I
J
Mr Hughes, in his
written and oral submissions, relied on numerous instances of what is
alleged to be serious and deliberate material non-disclosure on the part of
K
L
the plaintiffs and their legal advisers, including on the part of Mr Clark,
M
N
who appeared for the plaintiffs on the ex parte applications. The legal
advisers were also accused of deliberately misleading the court at the
M
N
ex parte stage.
O
P
O
23.
evidence
Q
R
It is, in my view, not appropriate to consider the voluminous
at
this
interlocutory
stage
without
the
benefit
of
cross-examination on disputed facts to determine if the plaintiffs failed to
make full and frank disclosure as alleged.
P
It seems to me that the
Q
R
relevance of whether the ex parte injunction order and the Mareva order
S
T
should be set aside is to determine whether the plaintiffs are liable for their
cross-undertaking in damages.
That is not an urgent matter.
In my view,
S
T
U
U
V
V