27 Feb 2001
CHINA EVERBRIGHT-IHD PACIFIC LTD. v. CH\'NG POH
- Citation
- CHINA EVERBRIGHT-IHD PACIFIC LTD. v. CH\'NG POH
- Court
- Court of First Instance
- Case number
- HCA12837/1995
The defendant participated in a conspiracy and conversion that caused IHD to be deprived of HK$127,617,747.88; the cashier orders were effective banker\'s drafts which passed title on delivery despite being procured by fraud and were therefore value received by IHD; the defendant owed fiduciary duties as Chief Executive/agent when he received the cashier orders and breached them, making him liable as constructive trustee; limitation did not bar the equitable and concealed claims; plaintiff entitled to damages (or account) with credit for sums recovered from the bank and interest at Prime + 1%…