25 Apr 2022
PETER SHOIKHET AND ANOTHER v. CHEN GUOQIANG
- Citation
- [2022] HKDC 369
- Court
- District Court
- Case number
- DCCJ5820/2021
Because the defendant defaulted and the pleaded facts established that the plaintiffs were induced by fraud to transfer US$134,400 which the defendant received without consideration, the defendant was unjustly enriched and a constructive trust attached to the funds; default judgment was therefore appropriate and the court may order repayment, a declaration of trust, compel execution of transfer documents and nominate a person under s38A if the defendant fails to comply, plus continuation of the Mareva injunction; interest and costs were ordered as adjusted to reflect actual enrichment and con…