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Practice – Injunction. In the course of proceedings concerning a claim alleging deceit and misrepresentation, among other things, a freezing order had been granted, without notice, against the defendant company, which was alleged to have deceitfully promoted a scheme, which the claimants had invested in. The defendant applied to discharge the injunction or for summary judgment on the claim. The Chancery Division held that there were grounds for discharging the freezing order where there had been material non-disclosure and misrepresentations at the without notice hearing. However, it granted the claimants an opportunity to adduce a further amended pleading and, accordingly, declined to grant summary judgment.
Practice – Injunction. In the course of proceedings concerning a claim alleging deceit and misrepresentation, among other things, a freezing order had been granted, without notice, against the defendant company, which was alleged to have deceitfully promoted a scheme, which the claimants had invested in. The defendant applied to discharge the injunction or for summary judgment on the claim. The Chancery Division held that there were grounds for discharging the freezing order where there had been material non-disclosure and misrepresentations at the without notice hearing. However, it granted the claimants an opportunity to adduce a further amended pleading and, accordingly, declined to grant summary judgment.
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