21 Jan 2022
TOKIĆ, D.O.O. v. HONG KONG SHUI FAT TRADING LTD AND OTHERS
- Citation
- [2022] HKCFI 217
- Court
- Court of First Instance
- Case number
- HCA381/2020
D9 established sufficient evidential foundation that his receipt resulted from exchange remissions and thus raised arguable bona fide purchaser and change of position defences; plaintiff failed to show solid evidence of real risk of dissipation required to sustain the Mareva element of the injunction; however, the balance of convenience favors continuation of the proprietary injunction to preserve assets pending trial; fortification refused for lack of quantified evidence of likely loss and appropriate security quantum.