24 Dec 2004
DRESDNER BANK (SCHWEIZ) AG v. ANDREAS KESSLER AND ANOTHER
- Citation
- DRESDNER BANK (SCHWEIZ) AG v. ANDREAS KESSLER AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4709/2003
The court found there was a good arguable case that the US$400,000 was stolen and that the 2nd defendant had been reckless or wilfully blind to the tainted nature of the remittance given the repeated unusual remittance pattern and the risk assumed by the remittance agent; the court further found a real risk of dissipation (including a potential liability in excess of net assets), and therefore allowed continuation of the Mareva injunction to the extent of US$400,000 and ordered costs nisi to be in the cause.