10 Nov 2023
NAM KEE TRAVEL CO LTD v. YIP WING CHING
- Citation
- [2023] HKCFI 2921
- Court
- Court of First Instance
- Case number
- HCA1061/2014
Partial summary judgment was granted for the Total Unaccounted Sum of HKD 13,875,941.5 because the defendant deposited that sum into his personal PB account and failed to provide any credible explanation or pleaded defence: the deposit into a personal account provided prima facie evidence of personal benefit and breach of fiduciary duty and shifted the burden to the defendant, which he did not discharge. The remainder of the withdrawn funds (HKD 11,118,058.5) raised triable issues concerning use for group companies and mixed benefits and therefore summary judgment on that portion was dismisse…