Hong Kong Case Law: Decisions & Judgments

Topic

Email/cyber fraud

Legal area

Court

12 Aug 2020

EN WORLD JAPAN K.K. v. BAOYOU TRADING CO LTD AND ANOTHER

Citation

[2020] HKDC 661
Court

District Court
Case number

DCMP4111/2019

Section 52(1)(e) of the Trustee Ordinance applies where a thing in action has vested in a trustee, including a constructive trustee by operation of law upon receipt of a victim's funds; it was expedient to make a vesting order to vest the right to recover the sum in the plaintiff, accordingly declaration and vesting order granted and judgment entered for the plaintiff.
31 Jul 2020

CONCRETE WATERPROOFING MANUFACTURING PTY. LTD. v. CHANGXUAN CO., LTD

Citation

[2020] HKDC 547
Court

District Court
Case number

DCCJ1065/2020

Default judgment entered for the plaintiff; court declared the defendant liable to account and that US$112,700 or any part thereof in the defendant's account was held on constructive trust and ordered repayment with interest and costs, but declined to make a vesting order under s.52(1)(e) because the bank was not joined and the plaintiff failed to prove the remaining balance represented the plaintiff’s funds or traceable proceeds.
24 Jun 2020

800 COLUMBIA PROJECT COMPANY LLC v. HONG KONG SHENSHILONG TRADE LTD AND OTHERS

Citation

[2020] HKCFI 1293
Court

Court of First Instance
Case number

HCA153/2020

Default judgments for monetary and declaratory reliefs were properly granted because the plaintiff was properly served, defendants failed to defend, the plaintiff pleaded restitutionary claims and showed a genuine need for declaratory relief; however, vesting orders under section 52(1)(e) of the Trustee Ordinance were refused because s52 presupposes an appointment or change of trusteeship and a person declared a constructive trustee is not necessarily an appointee of the court for the purposes of s52(1)(e), so the statutory preconditions were not met; plaintiff may enforce the judgments by ga…
16 Jun 2016

GREAT ROCK ASSET MANAGEMENT LLC t/a CAPITOL SENIORS HOUSING v. YULONG INTERNATIONAL (HK) LTD

Citation

GREAT ROCK ASSET MANAGEMENT LLC t/a CAPITOL SENIORS HOUSING v. YULONG INTERNATIONAL (HK) LTD
Court

Court of First Instance
Case number

HCA402/2016

The court concluded that the USD funds in Yulong's HSBC subaccount were the identifiable proceeds of the fraud on Great Rock, that Great Rock therefore had a proprietary claim to US$106,541.67 held by Yulong on constructive trust, and that a declaration and order for payment could properly be made without a trial given the identifiable funds and the plaintiff's genuine need; judgment for US$106,560 was entered for the plaintiff and HSBC was ordered to pay the declared sum to Great Rock.
2 Jun 2015

BADREYA HABIB ALI KHADEM t/a BRIGHT STAR RAW MATERIALS v. RAMSTAR TECH LTD

Citation

BADREYA HABIB ALI KHADEM t/a BRIGHT STAR RAW MATERIALS v. RAMSTAR TECH LTD
Court

District Court
Case number

DCCJ3384/2014

Defendant failed to show a real prospect of success to set aside the regular default judgment because the court found on balance that the defendant knew or had blind-eye knowledge of the payer's mistake by 11 August 2014, acted in bad faith by failing to inquire and by remitting substantial funds onward, so the change of position defence is unavailable and restitution to plaintiff is required; accordingly the setting aside application is dismissed.

Hong Kong Case Law

EN WORLD JAPAN K.K. v. BAOYOU TRADING CO LTD AND ANOTHER

CONCRETE WATERPROOFING MANUFACTURING PTY. LTD. v. CHANGXUAN CO., LTD

800 COLUMBIA PROJECT COMPANY LLC v. HONG KONG SHENSHILONG TRADE LTD AND OTHERS

GREAT ROCK ASSET MANAGEMENT LLC t/a CAPITOL SENIORS HOUSING v. YULONG INTERNATIONAL (HK) LTD

BADREYA HABIB ALI KHADEM t/a BRIGHT STAR RAW MATERIALS v. RAMSTAR TECH LTD