ABSTRACT

The court will discharge or modify the order where the plaintiff failed to give full and frank disclosure of material facts at the ex parte hearing. It is incumbent on the plaintiff to draw the attention of the Judge to all facts and arguments which, if the defendant were present, he might put forward in opposition to the grant of the Mareva injunction. The plaintiff is obliged to make reasonable enquiries before he applies for the injunction, so that he is in a position to know what such arguments for the defendant might be.