6 Feb 2024
GOLDEN PROFIT PROPERTY AGENCY LTD 對 許志維
- Citation
- [2024] HKDC 137
- Court
- District Court
- Case number
- DCCJ5530/2019
Defendant, as an authorised signatory controlling the company account, owed fiduciary duties; the court found, on the balance of probabilities, that no binding oral commission agreement existed and that the defendant had no authority to withdraw HK$2,721,337; accordingly the defendant held the withdrawn funds and any traceable proceeds on a constructive trust for the company and must produce full accounts before a Master with interest and costs to be determined.