22 Dec 2023
BARBARA PUI YUNG LYNN, the Administratrix of the estate of late Mr. JACK LYNN, deceased v. YEUNG KEUNG CHI AND OTHERS
- Citation
- [2023] HKCFI 3351
- Court
- Court of First Instance
- Case number
- HCA177/2021
D5 established the first three elements of unjust enrichment in respect of the sums received by D2–D4 and the alleged defences (bona fide mortgagee for value without notice; change of position; netting off; payments from parents not being at D5's expense) did not raise triable issues under Order 14; accordingly D2–D4 must hold the respective sums received on trust for D5, must refund them, and must contribute and indemnify D5 in respect of the Plaintiff's claim against her.