31 Oct 2018
WELLS FARGO SECURITIES, LLC AND ANOTHER v. TIAN RUIDA INDUSTRIAL CO., LTD
- Citation
- [2018] HKCFI 2495
- Court
- Court of First Instance
- Case number
- HCA1943/2018
Service was effective and no defence was filed; the pleaded facts established that the US$9,000,000 was paid pursuant to a fraudulent instruction and therefore paid under a mistake of fact; the pleaded material supported a claim of knowing receipt and a proprietary interest entitling plaintiffs to restitution and an account; accordingly default judgment and a declaration to protect the proprietary claim and continuation of the interim injunction were appropriate without trial.