22 Aug 2023
張侃 v. 尚品滙(香港)國際貿易有限公司
- Citation
- [2023] HKCA 996
- Court
- Court of Appeal
- Case number
- CACV388/2022
The Court held the plaintiff's restitution claim failed because the defendant established a bona fide change of position defence: the director Chen had misappropriated the funds for his own scheme using the company as a mere conduit, Chen's knowledge was not attributable to the company for this purpose, there was no agency conferring restitutionary liability on the company, and there was no binding loan contract because Chen lacked actual or apparent authority.