19 Feb 2002
CHINA EVERBRIGHT - IHD PACIFIC LTD. v. CH\'NG POH
- Citation
- CHINA EVERBRIGHT - IHD PACIFIC LTD. v. CH\'NG POH
- Court
- Court of Appeal
- Case number
- CACV513/2001
The Court upheld the trial judge: the cashier orders were real bank funds and title passed to the plaintiff; the appellant was a participant in a conspiracy that caused the plaintiff's monies to be applied improperly (breach of Companies Ordinance s48 and fiduciary duties); the appellant controlled the company and deliberately concealed his role so limitation was tolled and the claim for account of profits fell within s20(1)(b); conversion and breach of fiduciary duty established; damages and an account including compound interest (monthly rests) were properly awarded; appeal dismissed.