29 Mar 2023
TANG SAU KUEN CONNIE v. CHAN ENG LONG AND OTHERS
- Citation
- [2023] HKDC 402
- Court
- District Court
- Case number
- DCCJ2436/2022
On the pleaded facts and undisputed documentary material the plaintiff was defrauded into transferring the sums; the Account-holder Defendants received and retained the funds in circumstances making it unconscionable to do so, thereby giving rise to a constructive trust; default judgment was therefore appropriate to declare the trust and order return. A vesting and transfer order under the Trustee Ordinance was appropriate for the Second Sum (HK$504,000) which remained identifiable in the 2nd defendant's bank account; vesting for the First Sum (HK$248,269) was refused because the funds had be…