Hong Kong Case Law: Decisions & Judgments

Topic

Backward tracing

Legal area

Court

19 Jan 2021

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO. LTD AND OTHERS

Citation

[2021] HKCFI 164
Court

Court of First Instance
Case number

HCA2302/2014

The court exercised its equitable discretion to order further targeted disclosure because the plaintiffs were prima facie owners of the subject sums and the specific classes of documents sought were reasonably necessary to ascertain the whereabouts, purpose and consequences of transfers for effective preservation and tracing; delay and general inconvenience did not outweigh the need for disclosure and the defendants failed to show special prejudice or that compensation in damages made disclosure unnecessary.
25 Jan 2019

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

Citation

[2019] HKCA 119
Court

Court of Appeal
Case number

CAMP173/2018

The Judge's discretionary decision to continue/maintain the proprietary/Mareva injunction was legally sound: on the material before the court there was a good arguable case based on backward tracing and demonstrable evidential weaknesses in the 2nd defendant's bona fide purchaser defence, permitting the inference of risk of dissipation and justifying preservation of the frozen funds; accordingly there was no reasonable prospect of success on appeal and leave to appeal was refused.
9 Nov 2018

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

Citation

[2018] HKCFI 2475
Court

Court of First Instance
Case number

HCA151/2017

Leave to appeal was dismissed because the applicant failed to show a reasonable prospect of success on the grounds advanced; the trial judge's exercise of discretion in refusing to discharge or vary the injunction was not shown to be legally or factually erroneous, backward tracing and inferences were supportable on the material before the court, the bona fide purchaser defence was not established on the evidence, there was a sufficient risk of dissipation and balance of convenience favoured preservation, and no basis was shown to disturb the costs orders.
8 May 2018

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

Citation

[2018] HKCFI 1006
Court

Court of First Instance
Case number

HCA151/2017

On the material before the court there was a good arguable case that the US$500,000 received into the 2nd defendant's account were traceable proceeds of the Defrauded Sum (including by backward tracing), the 2nd defendant had not discharged the burden of proving she was a bona fide purchaser for value without notice, and there was a real risk of dissipation warranting continuation and variation of the interlocutory relief. Accordingly the disclosure order against the 2nd defendant was set aside and the freezing injunction was varied to cap the freeze at US$500,000; the 2nd defendant's primary…
20 Jan 2017

SOUTH AMERICAN INTERNATIONAL BANK CURAÇAO N.V. v. YING XIN TRADING CO LTD AND ANOTHER

Citation

SOUTH AMERICAN INTERNATIONAL BANK CURAÇAO N.V. v. YING XIN TRADING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA3012/2016

Default judgment entered against the 2nd defendant for USD359,480 on the cause of action of conspiracy to injure because the pleaded facts suffice to establish conspiracy liability; claims based on unjust enrichment and conversion failed for lack of pleaded connection and because bank credits are choses in action; constructive trust/dishonest assistance declarations refused for lack of pleaded trust/fiduciary duty and inadequate particulars; variation of the Mareva injunction was refused for lack of jurisdiction and evidence at this hearing.

Hong Kong Case Law

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO. LTD AND OTHERS

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

HEITKAMP & THUMANN KG v. LIVING PROFIT TRADING DEVELOP LTD AND OTHERS

SOUTH AMERICAN INTERNATIONAL BANK CURAÇAO N.V. v. YING XIN TRADING CO LTD AND ANOTHER