Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conduit defence
  • 26 Mar 2020

    AKBANK T.A.S. v. MAINFORD LTD AND OTHERS

    Citation
    [2020] HKCFI 396
    Court
    Court of First Instance
    Case number
    HCA3264/2016

    The court found on the unchallenged documentary and witness evidence that the funds paid into the defendants' accounts derived from the plaintiff and that D1 and other specified defendants were unjustly enriched; D1 failed to discharge the evidential burden that transfers out were unauthorised or that it was merely an innocent conduit; constructive trusts were imposed and knowing receipt established; plaintiff entitled to payment and declarations; wasted costs order declined in discretion.