2 May 2019
CLARK QUANTUM KENT v. HAI TIN LTD AND OTHERS
- Citation
- [2019] HKCFI 1145
- Court
- Court of First Instance
- Case number
- HCA961/2017
The trustee owed a continuing fiduciary duty to take positive steps to restore the Trust; the plaintiff demonstrated a strong prima facie case and that damages would be an inadequate remedy; the trustee's written consent materially addressed the Obergericht's concern about title and therefore equity should compel consent; the Painting lacked a ready market so an Order 29 r.4 sale forthwith was appropriate. However, subsequent Swiss Obergericht measures confiscating and directing realisation of the Painting rendered the injunction unnecessary in practice; costs were awarded accordingly.