Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Tracing/restitution
  • 30 Nov 2017

    CHONG KAI MAN v. FU MAN HUNG, WILLIAM

    Citation
    CHONG KAI MAN v. FU MAN HUNG, WILLIAM
    Court
    Court of First Instance
    Case number
    HCA357/2017

    The Fund was paid for a specified purpose under the Agreement and the defendant was merely a conduit not free to dispose of the money; a Quistclose trust therefore arose on payment (failure of purpose is not a prerequisite), and the plaintiff is entitled to an order for an account limited to movements of the Fund from deposit into the defendant's account to its transfer to the defendant's personal friend.