Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fraudulent procurement

Legal area

Court

27 Mar 2023

YIP WAI HUNG v. SHANGHAI BUSINESS INFORMATION LTD

Citation

[2023] HKDC 401
Court

District Court
Case number

DCCJ6630/2019

Plaintiff entitled to restitution of HK$290,000 because she established the payments were made under a causative mistake/fraud and the defendant failed to prove it received the funds as agent with an immediate obligation to account or that it changed position in good faith; independently, the alleged use of the defendant's account by a licensed money service operator without AMLO approval rendered any agency/change of position defences unavailable due to illegality.
7 Dec 1995

WFM MOTORS PTY LTD v. MALCOLM MAYDWELL

Citation

WFM MOTORS PTY LTD v. MALCOLM MAYDWELL
Court

Court of First Instance
Case number

HCMP1778/1995

The Court allowed the Plaintiff's appeal: the Defendant failed to prove fraud, duress or breach of natural justice to the high standard required to set aside the registration of the Australian judgment; the Defence was inadequately pleaded and the alleged misrepresentations and agency confusion did not demonstrate that the judgment was obtained by fraud; there was no sufficient basis to order a trial issue; consequently the order setting aside the registration was reversed and further related matters were remitted for argument.