Peel Condominium Corporation No 49 v. Bruno Zaffino et al.
Background: Peel Condominium Corporation No. 49 (PCC 49) secured a Mareva injunction against Bruno Zaffino, Manda Cabraja, and associated entities, and a Norwich order concerning specific financial institutions, due to alleged financial misappropriation.
Key Issues:
PCC 49 claimed fraudulent depletion of its reserve account by the defendants through forged cheques, reducing the account from $908,844 to a $45,600 deficit.
Cabraja confessed to the fraud, admitting to creating counterfeit bank statements and forging cheques.
Court’s Decision:
The court granted the Mareva injunction based on evidence of fraud and asset dissipation risk, particularly noting the defendants’ asset transfers and property sales.
A Norwich order was approved to trace the misappropriated funds, requiring banks to disclose financial transactions related to the fraud.
Outcome:
Both orders were issued due to the strong prima facie case of fraud and the immediate risk of further asset dissipation.
The Mareva injunction aims to freeze the defendants' assets, preventing further loss, while the Norwich order facilitates tracking the diverted funds.
These orders were initially effective for 10 days, pending a subsequent court session to review the case further.