12 Dec 2023
LTC (BVI) LTD v. TEMPEST STORM COMPANY LTD AND OTHERS
- Citation
- [2023] HKCFI 3167
- Court
- Court of First Instance
- Case number
- HCA535/2022
Summary judgment was refused and unconditional leave to defend was granted because there exist genuine triable issues as to the 3rd Defendant's state of mind, the provenance and treatment of the funds (including plausible evidence of crypto trading and intermediary wallets), and credibility issues did not eliminate those triable issues; the punitive presumption could only assist Plaintiff if the 3rd Defendant were established as a wrongdoer; the US$600,000 was protected by an undertaking so unconditional leave was appropriate.