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Hong Kong decisions
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The court held D1 and D3 liable in unjust enrichment after a fraud-induced payment of US$998,750 was sent to D1 and partly traced to D3, and continued a Mareva injunction for six months.
The Court dismissed a Hong Kong forum non conveniens stay, upheld service as of right, and refused late fresh evidence about a PRC action.
The Court of First Instance ordered restitution against a defendant who received misappropriated funds, rejecting bona fide purchaser and change of position defences.
The District Court found a refund agreement for cryptocurrency transfers, held the defendant in breach, and awarded the plaintiff US$252,397.33 in damages.
The court found the HK$199,900 received by the second defendant was traceable to the plaintiff’s funds misappropriated by fraud, that the receipt constituted unjust enrichment, and the second defendant failed to prove she was a bona fide purchaser for value without notice; accordingly the second defendant was ordered to repay HK$199,900 with interest and to pay the plaintiff’s costs (subject to specified legal aid charge and assessment rules).
Source excerpt
Hong Kong Court of Appeal upheld summary judgment ordering return of HK$5.99 million, finding the appellant’s loan-repayment defence was not believable.
The Court of First Instance held that the defendant breached agreements to deliver bare-shell houses and transfer title, and ordered repayment of HK$25,930,000 with interest.
Default judgment was entered for the plaintiff in an internet fraud case, with restitution of US$59,800, constructive trust relief, interest, and costs.
The Court of First Instance found that senior CMED officers orchestrated sham FISH and SPR transactions to misappropriate funds, with liability findings across fraud, conspiracy and receipt claims.
Trial judgment on sham FISH and SPR transactions, with findings of fiduciary breach, conspiracy, fraudulent trading, dishonest assistance, knowing receipt and unjust enrichment.
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