13 Jun 2023
CNC FAR EAST MACHINERY CO. LTD. v. INTELLIGENT TECH TRADING LTD
- Citation
- [2023] HKDC 824
- Court
- District Court
- Case number
- DCCJ3801/2022
On the pleaded facts the plaintiff established a prima facie case of email fraud and loss of US$251,700 which gives rise to a proprietary claim and constructive trust over funds received by the defendant; service was effective under section 827 and, exercising the court's discretion under Order 19 rule 7, judgment and declaratory relief were appropriate to protect the plaintiff's proprietary interest, but a post-judgment Mareva injunction was refused for lack of evidence of dissipation or of the defendant's involvement in the fraud.