11 May 2022
NATURES MARK HK LTD v. HONGKONG HONGXINTAI TRADING CO LTD
- Citation
- [2022] HKCFI 1382
- Court
- Court of First Instance
- Case number
- HCA1820/2021
The statement of claim, properly pleaded, established entitlement to judgment under Order 19 r7: the sums received by D1 and passed to D2 were traceable proceeds of fraud subject to a constructive trust; D2 was liable for dishonest assistance/knowing receipt; declaratory relief was justified to protect proprietary interests; the Mareva injunction was to be continued for a limited period to assist enforcement; interest awarded at prime+1% from the respective dates of receipt.