26 Apr 2022
LUK WING SZE v. HONG KONG XIN YU INTERNATIONAL INDUSTRIAL LTD AND ANOTHER
- Citation
- [2022] HKDC 303
- Court
- District Court
- Case number
- DCMP4109/2021
Because the plaintiff proved she was a victim of fraud and the six transfers were paid into the first defendant's account, the court declared the funds held on constructive trust for the plaintiff; the sixth sum of $249,985 was sufficiently traceable and, being expedient since the first defendant did not appear and could not be located, the court vested the chose in action in the plaintiff under Trustee Ordinance s52(1)(e) and ordered the bank to release and return that sum (subject to the statutory first charge for Director of Legal Aid).