2 Aug 2024
NOAH TECHNOLOGY CORPORATION v. WSL CO LTD
- Citation
- [2024] HKDC 1190
- Court
- District Court
- Case number
- DCCJ5425/2021
The court found the plaintiff was defrauded and the defendant received the funds; because the bona fide recipient defence is unavailable between direct parties and the defendant failed to establish change of position with causal linkage (downstream dealings predated the relevant upstream agreement), it was unconscionable for the defendant to retain the sum. Consequently the defendant holds the sum on constructive trust, must account and return it; the court may nominate plaintiff's solicitor under s.38A DCO and employ O.48 r.5 RDC to effect transfer due to anticipated non‑cooperation; indemni…