20 Nov 2023
IDEMITSU CHEMICALS (HONG KONG) CO. LTD v. YANQING LTD AND OTHERS
- Citation
- [2023] HKCFI 3072
- Court
- Court of First Instance
- Case number
- HCA148/2020
The plaintiff proved the elements of unjust enrichment by evidence showing the funds were transferred by fraud and received by the 21st and 24th defendants; the defendants failed to discharge the burden of pleading and proving any defence (bona fide purchaser for value or change of position) by producing witness statements or documents as ordered; therefore summary judgment was entered for recovery of the sums received and the counterclaims were struck out because the undertaking in damages does not create a separate cause of action.