XIE LI XIN v. LEGEND STAR WEALTH CREATION LTD (Company No. 2226263)

XIE LI XIN v. LEGEND STAR WEALTH CREATION LTD (Company No. 2226263)

On the facts, having regard to the prior judgment establishing the fraudulent scheme, the pleaded omission to join Legend Star, Legend Star's restoration under the Companies Ordinance, and the absence of any defence, Legend Star is declared a constructive trustee of the Common Area and is ordered to execute a conveyance to assign the Common Area to the plaintiff within 14 days, with substitute execution by the plaintiff's solicitors permitted in default; no order as to costs was made.

Citation
[2023] HKCFI 777
Parties
Plaintiff: Plaintiff; Defendant: Legend Star
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2023
Case Number
HCA1595/2022
Procedural Posture
Civil Proprietary/equity Claim Arising From Fraud / Default Judgment / Decision in Chambers
Outcome
Judgment for the plaintiff: declaration and mandatory conveyance ordered against Legend Star; no order as to costs.
Legal Topics
Constructive Trust, Declaratory Relief, Assignment of Property, Restoration of Company, Service of Process, Default Judgment
Source Language
EN
Company Law Equity & Trusts Civil Procedure Fraud Constructive Trust Declaratory Relief Assignment of Property Restoration of Company +2 more

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Parties

Plaintiff

Plaintiff

Legend Star

Defendant

Procedural Posture

Civil Proprietary/equity Claim Arising From Fraud / Default Judgment / Decision in Chambers

Legal Issues

  1. 1 Whether Legend Star holds the Common Area as constructive trustee for the plaintiff
  2. 2 Whether declaratory relief and consequential orders can be granted on default without a separate trial
  3. 3 Whether restoration of Legend Star under Companies Ordinance affects its liability

Ratio Decidendi

On the facts, having regard to the prior judgment establishing the fraudulent scheme, the pleaded omission to join Legend Star, Legend Star's restoration under the Companies Ordinance, and the absence of any defence, Legend Star is declared a constructive trustee of the Common Area and is ordered to execute a conveyance to assign the Common Area to the plaintiff within 14 days, with substitute execution by the plaintiff's solicitors permitted in default; no order as to costs was made.

Court Disposition

Judgment for the plaintiff: declaration and mandatory conveyance ordered against Legend Star; no order as to costs.

Orders

  • Leave granted to plaintiff to withdraw Summons of 13 December 2022 and Summons of 8 March 2023 allowed
  • Declaration that Legend Star is the constructive trustee in respect of the Common Area for the plaintiff