Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Constructive trust (abandoned)

Legal area

Court

22 Mar 2021

ESSILOR MANUFACTURING (THAILAND) CO, LTD v. CHAO FENG CHU (17th Defendant) and 44 others

Citation

[2021] HKCFI 770
Court

Court of First Instance
Case number

HCA159/2020

Service on D17 by substituted service in Taiwan was valid; D17 did not appear; plaintiff proved that transfers were fictitious and unauthorized, producing unjust enrichment of D17; accordingly default judgment was entered for US$360,000 and US$480,000 with pre-judgment interest at prime plus 1% from the respective transfer dates and fixed costs, and the interim injunction was continued for 6 months to facilitate enforcement.
18 Jan 2013

LI YUK YING v. WONG YUET KAM AND ANOTHER

Citation

LI YUK YING v. WONG YUET KAM AND ANOTHER
Court

Court of First Instance
Case number

HCA1248/2010

The court found that the 1st and 2nd defendants made an assurance that the plaintiff would be provided with a half share of the Property; the plaintiff relied on that assurance and suffered substantial detriment (notably two pregnancies undertaken in reliance); it was unconscionable for the defendants to repudiate the assurance; equitable relief was therefore granted in the form of a declaration that the 1st defendant held half the interest on trust for the plaintiff and an order for half the net sale proceeds with interest and costs.