Walker Sons Co. Ltd. v. Wijayasena – sllr 1997 volume 1 page 293

The case between WALKER SONS & CO. LTD. and WIJAYASENA addressed whether an interim injunction restraining WIJAYASENA from disposing of certain mortgaged properties should remain, in light of alleged suppression of material facts by WALKER SONS & CO. LTD. The court held that the plaintiff-respondent had failed to disclose critical information, specifically letters D3 and D6, which evidenced financial difficulties and payment default. This nondisclosure undermined the basis for granting the injunction. The principle reaffirmed was that full and frank disclosure of material facts is mandatory when seeking ex parte relief, and suppression of such facts justifies dissolution of any advantage so obtained. The decision emphasized the necessity of good faith in interim applications, relying on st

REF: sllr 1997 volume 1 page 293 Category: Tag:
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