Thursday 17th June 2021
The applicant, Valbonne Estates Ltd, appeal the order of Bacon J dated 11 March 2021 (amended on 14 March 2021), whereby he discharged the injunction, dismissed the applicant’s application for a re-grant of the injunction, ordered costs against the applicant on the indemnity basis and ordered that the Respondents shall have liberty to apply for an order that their costs be paid personally by the Director of the applicant and/or apply for a wasted costs order.
The dispute involves property investment companies and concerns a leasehold interest in a property known as Beckton Arms, Beckton Road, London. On 10 December 2020, Mann J granted the applicant a pre-action injunction on a without notice basis restraining the first respondent from selling or otherwise disposing of etc the property and restraining the second respondent from acquiring any interest in the property and restraining both respondents from registering at the Land Registry any dealing with the property that has already taken place. This was the return date of the injunction. Bacon J found that the applicant had given information that was inaccurate and misleading.
Lower Court Judgment: