GENERAL ALUMINA JAMAICA LTD AND ANOTHERS v. HUI HAO HONG KONG LTD AND ANOTHER

GENERAL ALUMINA JAMAICA LTD AND ANOTHERS v. HUI HAO HONG KONG LTD AND ANOTHER

On the pleaded facts, which stood admitted by default, the court concluded the plaintiffs were victims of an email fraud, the funds were traceable and held by the defendants; constructive trust and unjust enrichment claims were established and it was appropriate in the exercise of the court's discretion to grant declaratory relief and orders for return, account/equitable compensation and costs.

Citation
[2021] HKDC 29
Parties
1st Plaintiff: GENERAL ALUMINA JAMAICA LIMITED; 2nd Plaintiff: CLARENDON ALUMINA PRODUCTION LIMITED; 1st Defendant: HUI HAO HONG KONG LIMITED; 2nd Defendant: HONGKONG FORAIN TRADING CO., LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 January 2021
Case Number
DCCJ2827/2020
Procedural Posture
Default Judgment Application Under Order 19 Rule 7 (proprietary and Unjust Enrichment) / Hearing on Summons for Default Judgment (application Granted)
Outcome
Default judgment for plaintiffs; declaration and ancillary relief granted
Legal Topics
Constructive Trust, Tracing, Mistake of Fact, Declaratory Relief, Service of Process, Default Judgment, Costs
Source Language
EN
Equity Trusts Unjust Enrichment Civil Procedure Fraud Commercial Constructive Trust Tracing +5 more

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Parties

GENERAL ALUMINA JAMAICA LIMITED

1st Plaintiff

CLARENDON ALUMINA PRODUCTION LIMITED

2nd Plaintiff

HUI HAO HONG KONG LIMITED

1st Defendant

HONGKONG FORAIN TRADING CO., LIMITED

2nd Defendant

Procedural Posture

Default Judgment Application Under Order 19 Rule 7 (proprietary and Unjust Enrichment) / Hearing on Summons for Default Judgment (application Granted)

Legal Issues

  1. 1 Whether plaintiffs established a proprietary claim by constructive trust over funds obtained by email fraud
  2. 2 Whether unjust enrichment restitutionary remedy is available to plaintiffs for funds paid under mistake
  3. 3 Whether it was appropriate in default judgment proceedings to grant a declaration that the funds were held on constructive trust

Ratio Decidendi

On the pleaded facts, which stood admitted by default, the court concluded the plaintiffs were victims of an email fraud, the funds were traceable and held by the defendants; constructive trust and unjust enrichment claims were established and it was appropriate in the exercise of the court's discretion to grant declaratory relief and orders for return, account/equitable compensation and costs.

Court Disposition

Default judgment for plaintiffs; declaration and ancillary relief granted

Orders

  • Declaration that the defendants hold the sum of USD 292,565.86 as the plaintiffs' money on constructive trust
  • Order for the return/delivery up of such sum as may be found due upon taking of an account and for equitable compensation from the defendants