HSU BENG v. LEUNG TSE KIN and Others

bjbj& IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE Action No. 14698 of 1996 HSU BENG Plaintiff and LEUNG TSE KIN 1st Defendant LEUNG HANG 2nd Defendant HO KWAI SIM 3rd Defendant KUTMING LIMITED 4th Defendant LEUNG TSE HO 5th Defendant Coram: Anthony To, Deputy Master Plaintiff: Represented by Mr. C.M. Wong of Leung Chan & Pang Defendants: Absent Date of hearing: 16 July 1997 Date of delivery of judgment: 18 July 1997 ----------------- Judgment ----------------- The 3rd and 5th Defendants misappropriated $191,125 belonging to the Plaintiff and applied the money for the purpose of paying deposit, partial consideration, stamp duty and legal fee for the purchase of a property which was later sold at a profit. The plaintiff sought to recover the said $191,125 together with its inflated value by reason of the purchase of the property. Upon the defendants default, judgment was entered against them by Mr. Registrar Betts. The matter is now before me for assessment of damages. 2. Mr. Wong on behalf of the Plaintiff argued that a resulting trust over the property was created by reason of the Defendants applying the Plaintiff s money towards the purchase of property and the Plaintiff is entitled to a share in the appreciation in the price of the property when the property was sold. However, for practical reasons, Mr. Wong abandoned his argument and was content to have damages assessed without the benefit of the appreciation in the value of the property. Accordingly I assess the Plaintiff s damage to be $191,125 and awarded him this damages plus interest at judgment rate from 26 May 1989 until payment. ( Anthony To ) Deputy Master PAGE PAGE &`#$ W[SO @& @Epson LQ-100 ESC/P 2 LPT1: ESCP2MS Epson LQ-100 ESC/P 2 Epson LQ-100 ESC/P 2 MSUD Epson LQ-100 ESC/P 2 Epson LQ-100 ESC/P 2 MSUD Epson LQ-100 ESC/P 2 " & 6" The Defendant is jointly charged with the first defendant, whose has since absconded, with three counts of handling stolen goods, contrary section 24(1) and (2) of the Theft Ordinance, Cap. 210. Registrar, Supreme Court Normal Microsoft Word 8.0 The Defendant is jointly charged with the first defendant, whose has since absconded, with three counts of handling stolen goods, contrary section 24(1) and (2) of the Theft Ordinance, Cap. 210. Title _PID_GUID Wingdings Roman Microsoft Word MSWordDoc Word.Document.8