Can an injunction obtained where material facts have been suppressed be set aside?

An injunction obtained where material facts have been suppressed will ordinarily be set aside, even if the party who obtained it would otherwise be entitled on the merits. The rationale for this result can be found in the dictum of Viscount Reading, C.J. in Rex v. Kensington Income Tax Commrs.; Ex parte de Polignac (Princess) [1917] 1 K.B. 486 at p. 495: If the court comes to the conclusion that the affidavit in support of the application was not candid, and did not fairly state the facts, but stated them in such a way as to mislead the court as to the true facts, the court ought, for its own protection and to prevent an abuse of its process, to refuse to proceed any further with the examination of the merits.