What impact does failing to disclose material facts have in an ex parte application?

In the context of ex parte applications, failing to disclose material facts can have significant consequences, particularly leading to the dissolution of orders granted based on misleading or incomplete information. An ex parte application is one where only one party is heard, often in urgent situations. Due to this one-sided nature, it is imperative that the party making the application comprehensively discloses all relevant information, especially facts that may impact the decision of the judge.

If a party fails to disclose material facts, the court is entitled to reconsider and potentially dissolve any orders made during the ex parte hearing. This is grounded in the principle that the integrity of the judicial process relies on honesty and full disclosure. The failure to provide material information undermines the judge's ability to make an informed decision, thus rendering the resulting orders subject to challenge.

Consequently, understanding this obligation is crucial for practitioners, as it highlights the importance of diligent preparation and truthful representation in ex parte matters to maintain the validity of the orders sought.