Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure and tracing

Legal area

Court

25 Mar 2013

NEC TOKIN HONG KONG LTD v. HONG KONG PROPERTY SERVICES (AGENCY) LTD

Citation

NEC TOKIN HONG KONG LTD v. HONG KONG PROPERTY SERVICES (AGENCY) LTD
Court

Court of First Instance
Case number

HCMP453/2013

On the available evidence the court was prepared to draw the necessary inference that the Sum was likely derived from the plaintiff's stolen funds and concluded the information held by the defendant was likely to assist tracing those funds; accordingly Norwich Pharmacal relief was justified, but a gagging order was refused as unnecessary and unduly onerous given the existing Mareva injunction and the defendant's willingness to disclose.
24 Mar 2006

CHINA CONSTRUCTION REALTY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS

Citation

CHINA CONSTRUCTION REALTY LTD v. SINO BUSINESS SERVICES PROPRIETARY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1294/2005

On the face of the untraversed statement of claim the plaintiff established that the Lucky Dragon Agreement and subsequent transfers were dispositions made with intent to defraud a creditor within s60 CPO; accordingly the Master’s dismissal was set aside and the court, exercising its discretion under Order 19 r7, granted relief setting aside the agreement and transfers, ordered consequential disclosure and restoration steps, ordered damages to be assessed by the Master, adjourned interest to the assessment stage and awarded costs to the plaintiff.