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Hong Kong decisions
Decisions matching the current search
The Court of Final Appeal dismissed an appeal over foreign illegality and held that a Hong Kong unjust enrichment claim can survive, subject to comity and rare exceptions.
The court held the borrowers were jointly liable for a HKD13 million loan, ordered contribution against the Ng group and Mrs Yuen, and awarded Mr Yuen sums withheld by Mr Wong.
The Court of First Instance held there was no proved investment agreement, but found the borrowers jointly liable to DDF and ordered contribution and repayment sums.
The court held that the defendant’s casino debts were governed by signed loan documents, rejected claims of gift and mistake, and entered judgment for the plaintiff.
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
The Court of Final Appeal granted leave to appeal on constructive trust, rescission, and Halley issues arising from a fraud-related chain of commodity transactions.
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.
The District Court held that the plaintiff proved an online romance fraud and recovered HK$577,452 from the defendant on unjust enrichment and knowing receipt grounds.
The District Court held that Lau’s October 2019 transfer to Cheung was a $2,000,000 gift, not a loan, and that the Canton Road Property was a gift to Choi.
The District Court granted the plaintiffs summary relief over US$75,000 transferred by cyberfraud, ordering payment, constructive trust declarations, and costs against the 1st defendant.
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