Donaldson, Matthew v Brownie, Chescot, Henry McCUrdy and Garth Wilkinson et al

Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.

Whether damages are an adequate remedy – Section 49(h) of the Judicature (Supreme Court) Act, Section 11 of the Justices of the Peace Act, 2018, Civil Procedure Rules, 2002, as amended, rule 17.