8 Feb 2021
MEDICFACE HK LTD 對 SHU YA QIN TRADING CO., LTD
- Citation
- [2021] HKDC 151
- Court
- District Court
- Case number
- DCMP1721/2017
Defendant could not establish either bona fide purchaser or change of position defences because it failed to prove it provided value in respect of the received US$54,000 (goods were not shown to belong to the defendant), and the acts of delivering goods and refunding money involved lack of requisite good faith and insufficient inquiry; accordingly the payment was mistaken and plaintiff entitled to restitution of US$54,000 with interest and costs.