Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Knowledge of fraud

Legal area

Court

1 Aug 2019

GALLERIA (HONG KONG), LTD (IN COMPULSORY LIQUIDATION) AND OTHERS v. DBS BANK LTD., HONG KONG BRANCH

Citation

[2019] HKCFI 1877
Court

Court of First Instance
Case number

HCCL4/2016

Contemporaneous documents and witness evidence demonstrated innocent explanations for the IMB reports and absence of actual or deliberate blind-eye knowledge by DBSHK officers; the required mental elements for knowing receipt, dishonest assistance and fraudulent trading were not proved and the bank was a victim rather than participant; therefore all claims dismissed.
6 Jun 1997

SOCIETE GENERALE v. HANIL BANK

Citation

SOCIETE GENERALE v. HANIL BANK
Court

Court of First Instance
Case number

HCCL12/1992

The court refused the plaintiff's application for wide-ranging discovery on the basis that the defendants' state of knowledge was not an issue in the pleadings and so much of the requested material lacked probative value; the court granted limited discovery confined to four specified categories of documents but only in respect of the six letters of credit the subject of the actions, ordered discovery by list verified by affidavit and required an affirmation from a responsible officer, and ordered that the plaintiff pay 50% of the defendants' costs of the applications, taxed if not agreed.