30 Apr 2019
DCP LTD v. SOTERIA TRADES LTD
- Citation
- [2019] HKCFI 1319
- Court
- Court of First Instance
- Case number
- HCA208/2019
Despite the usual reluctance to grant declarations without a trial where fraud is alleged, the court exercised its discretion and held that the defendant holds US$3,000,000 (or HKD equivalent) on constructive trust for the plaintiff and ordered transfer because the declaration was necessary to assist the plaintiff's proprietary claim and to prevent competing claims by other creditors.