JEANNINE E FREDERICK v. WIN PROFIT PROPERTIES LTD

JEANNINE E FREDERICK v. WIN PROFIT PROPERTIES LTD

On the uncontested facts in the plaintiff's affirmed evidence the transfer of USD72,110 was induced by false representations and therefore impressed with a constructive trust in favour of the plaintiff; the court is empowered to hear and determine the originating summons at the first hearing in the defendant's absence and accordingly grants the declaration, orders release of the funds and awards costs assessed at HK$25,000.

Citation
JEANNINE E FREDERICK v. WIN PROFIT PROPERTIES LTD
Parties
Plaintiff: JEANNINE E FREDERICK; 1st Defendant: WIN PROFIT PROPERTIES LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 October 2011
Case Number
DCMP1845/2011
Procedural Posture
Miscellaneous Proceedings (originating Summons) DCMP 1845/2011 / First Hearing and Decision on Originating Summons
Outcome
Declaration granted that the specified funds are held on trust for the plaintiff; funds to be released and returned to the plaintiff; costs awarded to the plaintiff in the sum assessed.
Legal Topics
Constructive Trust, Declaration, Service and Default Judgment Procedure, Interest Accrual, Release of Frozen Funds, Summary Assessment of Costs
Source Language
EN
Trusts and Equitable Remedies Civil Procedure Banking Law Costs Assessment Constructive Trust Declaration Service and Default Judgment Procedure Interest Accrual +2 more

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Parties

JEANNINE E FREDERICK

Plaintiff

WIN PROFIT PROPERTIES LIMITED

1st Defendant

Procedural Posture

Miscellaneous Proceedings (originating Summons) DCMP 1845/2011 / First Hearing and Decision on Originating Summons

Legal Issues

  1. 1 Whether the USD72,110 transferred into the defendant's HSBC account is held on trust for the plaintiff
  2. 2 Whether the court may proceed and grant declaratory relief at the first hearing in the absence of the defendant in an originating summons
  3. 3 Appropriate commencement date for interest on the deposited sum

Ratio Decidendi

On the uncontested facts in the plaintiff's affirmed evidence the transfer of USD72,110 was induced by false representations and therefore impressed with a constructive trust in favour of the plaintiff; the court is empowered to hear and determine the originating summons at the first hearing in the defendant's absence and accordingly grants the declaration, orders release of the funds and awards costs assessed at HK$25,000.

Court Disposition

Declaration granted that the specified funds are held on trust for the plaintiff; funds to be released and returned to the plaintiff; costs awarded to the plaintiff in the sum assessed.

Orders

  • Declaration that USD72,110 and all interest accrued since the amount was deposited in the HSBC account held for Win Profit Properties Limited are funds held on trust for the plaintiff
  • The funds be forthwith released and returned to the plaintiff