Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enrichment

  • 7 Mar 2019

    CHIM SHUK YEE v. LI YIM FON

    Citation
    [2019] HKDC 295
    Court
    District Court
    Case number
    DCCJ3414/2016

    The judge dismissed the leave applications because the plaintiffs failed to demonstrate any legal error or misassessment of evidence that would give their appeals more than a fanciful prospect of success: the factual findings that the defendant did not receive or derive benefit were properly supported; enrichment must be assessed on the case's overall circumstances; the change of position defence was adequately pleaded and factually established; payments that did not pass through the defendant did not enrich her; and the authorities relied on by plaintiffs did not alter the outcome.

  • 7 Mar 2019

    WONG WAI LAN v. LI YIM FONG

    Citation
    [2019] HKDC 295
    Court
    District Court
    Case number
    DCCJ3413/2016

    The judge correctly exercised fact‑finding and law by assessing enrichment on the overall circumstances, rejected the plaintiffs' submissions that enrichment was established at the date of receipt, held the change of position defence was properly pleaded and causally linked, and concluded the plaintiffs failed to show a reasonable prospect of success for an appeal; accordingly leave to appeal was denied and costs awarded.

  • 12 Dec 2018

    CHIM SHUK YEE v. LI YIM FONG

    Citation
    [2018] HKDC 1474
    Court
    District Court
    Case number
    DCCJ3414/2016

    Claims dismissed because plaintiffs failed to prove the fundamental element of unjust enrichment: Chim and Liu never passed money through the defendant so she was not enriched; Wong and Cheng paid the defendant but the common intention and immediate forwarding to the supplier meant the defendant was not enriched (alternatively change of position defence succeeded).