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Hong Kong decisions
Decisions matching the current search
The High Court dismissed a plaintiff’s appeal against refusal of further and better particulars, holding the requests were unnecessary, beyond the pleadings, or sought evidence.
Leave to appeal against sentence was granted in a conspiracy to defraud case arising from alleged human trafficking. The court will consider whether sentence could reflect facts beyond the charge.
The court found a sustained fraud and unlawful means conspiracy against a vulnerable plaintiff, holding defendants 1 to 4 jointly liable for HK$66,013,631.35 plus interest and costs.
Court of First Instance found a fraudulent scheme siphoning value from REFF through linked transactions, and awarded damages while refusing proprietary relief.
On a magistracy appeal, the Court of First Instance held that the magistrate gave insufficient weight to mitigation and erred in treating the case as warranting immediate custody.
The Court accepted the respondent's position that the trial judge did not err in principle or exercise of discretion: the financial scale, duration, multiplicity of victims and conspirators justified the starting points and four‑year aggregate benchmark; the judge properly applied discounts for plea and assistance and differentiated sentencing where appropriate; consequently the application for leave to appeal against sentence was refused.
Source excerpt
On strike-out and re-amendment, the court allowed constructive trust and Quistclose trust claims against the 2nd defendant, but struck out conspiracy and unjust enrichment claims as time-barred.
The District Court found the Defendant liable for an unlawful means conspiracy, fraud, and unjust enrichment arising from a HK$200,000 deposit scheme and ordered repayment with interest.
The Court of First Instance set aside a default judgment after finding the statement of claim fatally defective for lack of essential particulars in fraud, misrepresentation and conspiracy.
The Court assessed damages after default judgment in an email-fraud case, holding the 7th Defendant liable only for the US$45,000 received, not the full defrauded sum.
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