Background: Joe Nahra and Orange Transport Inc., among others, are embroiled in a dispute involving accusations of misappropriation and fiduciary duty breaches.
Facts: Nahra, Aoun, and C. Matar were business partners in MTC and Orange Transport. Conflicts arose leading to Nahra being sidelined from the businesses, with allegations of asset misappropriation and establishment of a competing business, Gladiator.
Issues: The core issues were whether a Mareva injunction should be granted to prevent asset dissipation and if a certificate of pending litigation (CPL) could be registered against Nahra's property.
Ruling: The court denied the Mareva injunction and CPL registration, concluding that the moving parties failed to demonstrate a strong prima facie case or that Nahra intended to dissipate assets to avoid judgment.
Costs: The decision on costs was deferred, allowing parties to submit their costs outline for consideration.
