21 Mar 2022
OTSUKA SHUICHI v. USHIYAMA MASAHARU
- Citation
- [2022] HKCFI 738
- Court
- Court of First Instance
- Case number
- HCA1608/2021
On the evidence (contemporaneous documents and absence of any substantive defence or evidence from the Defendant) the Defendant breached fiduciary duties by surrendering the Policy and misappropriating funds without consent; the Defendant failed to demonstrate a triable issue or justify a stay of civil proceedings despite claiming privilege; accordingly summary judgment was appropriate and granted for declaratory and proprietary/equitable relief and equitable compensation, with costs subject to the Bankruptcy Court's conditions.