13 Feb 2026
EXCELLENCE RAISE OVERSEAS LIMITED, JOLLY ADMIRE LIMITED, HIGH EXPRESS HOLDINGS LIMITED v. ANZ COMMODITY TRADING PTY LTD
- Citation
- [2026] HKCFA 9
- Court
- Court of Final Appeal
- Case number
- FAMV174/2025
The Court granted leave to appeal because the trial court's declarations of constructive trust raise questions of great general or public importance concerning whether and when a constructive trust arises over funds passing through chains (including ultimate receipt by innocent volunteers), the nature of such a trust, the role and timing of rescission, communication requirements for rescission, and the applicability of the Halley exception; the Court did not decide the substantive appeals but recognised these issues merit full appellate determination.