27 Jun 2022
RICH PROFIT CREATION LTD v. KO CHUNG LUN AND OTHERS
- Citation
- [2022] HKCFI 1946
- Court
- Court of First Instance
- Case number
- HCA1865/2017
The court found on contemporaneous evidence that a Funding Agreement existed and that the 1st and 2nd Sums were received by Ko, Dignity and BC for the Plaintiff for onward payment to the HJV; those defendants thereby held the sums as trustees (express or constructive) and breached fiduciary duties by representing the funds as their own to HJV and failing to account; accordingly Ko, Dignity and BC must account and repay. There was insufficient evidence to establish unlawful means conspiracy or liability against KIL, the Wife and the Sister.