16 May 2024
STEVE JAY SHIRE AND ANOTHER v. ZHAO YANLING
- Citation
- [2024] HKDC 776
- Court
- District Court
- Case number
- DCCJ3359/2023
On the pleaded facts, and having been properly served with no defence filed, the plaintiffs established unjust enrichment and entitlement to judgment; equity imposes a constructive trust on funds obtained by fraud so a proprietary declaration, tracing and transfer order followed, the pre-judgment injunction/Mareva order was continued for a limited period to aid enforcement, the claim for HK$107,232.67 was not pleaded as a cause of action and was refused, and an award of interest at prime plus 1% was refused for lack of pleading that the funds earned such interest.