6 Oct 2023
WONG, CHI HUNG v. LO, WING PUN AND ANOTHER
- Citation
- [2023] HKDC 1284
- Court
- District Court
- Case number
- DCCJ1960/2019
The agreement objectively required deposit into Ms Kwok’s BOC account but was unenforceable in Hong Kong because it breached PRC foreign exchange regulations; nonetheless the plaintiff established an unjust enrichment claim against the 2nd defendant because the 2nd defendant received the RMB1,000,000 at the plaintiff’s expense, PRC Civil Code article 157 permits restitution (or payment of an equivalent sum) and the defence of foreign illegality was not made out so as to bar restitution; claim against 1st defendant dismissed.