The District Court of Limassol recently issued a significant judgment in a High-Net-Worth Individual (HNI) dispute, dismissing an order granted at the ex parte stage. The Court reaffirmed the critical principle that failure to disclose material facts -whether intentional or innocent- is treated as a form of misrepresentation, warranting the cancellation of the order without further examination of the application’s merits.

The judgment emphasized the applicant's duty of full and frank disclosure, extending to all material facts known or reasonably discoverable through diligent inquiry. The Court stated that such non-disclosure, if deemed substantial, would typically lead to the cancellation of the order.

Agreeing with the respondent’s position, the Court concluded that the applicant failed to disclose critical information that would have allowed a proper judicial assessment of whether urgent circumstances justified the issuance of an ex parte order. Furthermore, citing Cyprus Telecommunications Authority v. Antonis Cleanthous (2013), the Court underscored that equitable relief is unavailable to parties who exhibit undue delay or fail to act promptly to protect their rights.

The respondent was successfully represented by the legal team of Economou & Co LLC.

This ruling serves as a compelling reminder of the strict standards governing ex parte applications. For further insights, our readers can explore our comprehensive guide on prohibitory orders here.