8 May 2018
HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS
- Citation
- [2018] HKCFI 1006
- Court
- Court of First Instance
- Case number
- HCA151/2017
On the material before the court there was a good arguable case that the US$500,000 received into the 2nd defendant's account were traceable proceeds of the Defrauded Sum (including by backward tracing), the 2nd defendant had not discharged the burden of proving she was a bona fide purchaser for value without notice, and there was a real risk of dissipation warranting continuation and variation of the interlocutory relief. Accordingly the disclosure order against the 2nd defendant was set aside and the freezing injunction was varied to cap the freeze at US$500,000; the 2nd defendant's primary…