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Judgment

In the matter of Perry and another v Lopag Trust and others - Judgment on Notice of Motion

[2022] CIGC (FSD) 205 · FSD 0205/2017 (NSJ) · 2022-05-31

Proceedings for contempt – in proceedings commenced by the Plaintiffs seeking to establish proprietary rights to a share held by the Trustees, the Plaintiffs obtain an injunction preventing the Trustees from disposing of, encumbering of dealing with a share and dividends paid – one of the Defendants to the proceedings claims that assets held in a trust of which she is a discretionary beneficiary are subject to the injunction and that the Trustees have acted in breach of the injunction by obtaining litigation funding that gives the Trustees and the litigation funder rights of recourse to those trust assets – applications by the Fifth Defendant under GCR O.24 r.11 for inspection of the funding agreement and for an interim injunction. Trusts; Civil Procedure; Contempt of Court; Litigation Funding; Injunctive Relief

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