KHALIL BASMA AND ANOTHER v. SISCO CORPORATE CONSULTING LTD

KHALIL BASMA AND ANOTHER v. SISCO CORPORATE CONSULTING LTD

Because the Statement of Claim was properly served, the Defendant failed to file any defence or attend, and the evidence demonstrated that payments were transferred to a bank account in the Defendant's name following fraudulent instructions, the court entered judgment in favour of the Plaintiffs and ordered the Defendant to repay the sums claimed in the summons.

Citation
KHALIL BASMA AND ANOTHER v. SISCO CORPORATE CONSULTING LTD
Parties
1st Plaintiff: Khalil Basma; 2nd Plaintiff: Yacine Basma; Defendant: SISCO Corporate Consulting Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 April 2013
Case Number
DCCJ2566/2012
Procedural Posture
Civil Action / Application for Judgment in Default of Defence (district Court)
Outcome
Judgment entered for the Plaintiffs in default of defence for paragraphs 1-6 of the summons dated 5 March 2013.
Legal Topics
Default Judgment, Fraudulent Misdirection of Funds, Misrepresentation, Bank Transfer Fraud, Service of Process
Source Language
EN
Contract Fraud Civil Procedure Commercial Law Restitution Default Judgment Fraudulent Misdirection of Funds Misrepresentation +2 more

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Parties

Khalil Basma

1st Plaintiff

Yacine Basma

2nd Plaintiff

SISCO Corporate Consulting Limited

Defendant

Procedural Posture

Civil Action / Application for Judgment in Default of Defence (district Court)

Legal Issues

  1. 1 Whether judgment in default should be entered against the defendant for failure to file a defence
  2. 2 Whether the defendant received funds procured by deception and is liable to repay
  3. 3 Whether the plaintiffs suffered loss caused by the defendant's deception

Ratio Decidendi

Because the Statement of Claim was properly served, the Defendant failed to file any defence or attend, and the evidence demonstrated that payments were transferred to a bank account in the Defendant's name following fraudulent instructions, the court entered judgment in favour of the Plaintiffs and ordered the Defendant to repay the sums claimed in the summons.

Court Disposition

Judgment entered for the Plaintiffs in default of defence for paragraphs 1-6 of the summons dated 5 March 2013.

Orders

  • Judgment entered in favour of the Plaintiffs for paragraphs 1-6 of the summons dated 5 March 2013
  • The Defendant is ordered to pay to the Plaintiffs the sums claimed in the summons dated 5 March 2013