26 Oct 2023
CHANG ANNA I-NO v. CAIBAOLONG TRADING LTD AND OTHERS
- Citation
- [2023] HKCFI 2782
- Court
- Court of First Instance
- Case number
- HCA431/2018
The plaintiff established a personal claim in unjust enrichment by tracing US$560,240.90 of fraudulently obtained funds into the 4th defendant's account under the FIFO rule; the Chen transactions were unlawful under PRC law and constitute a Type 2 foreign illegality which prevents the 4th defendant relying on a bona fide purchaser for value without notice defence; accordingly judgment is entered for the traced sum with interest, costs and continuation of the Mareva injunction.