24 Sept 2018
GRUPO PACIFICA INCORPORADA v. WORLDWIDE MARINE PRODUCT LTD AND OTHERS
- Citation
- [2018] HKCFI 1930
- Court
- Court of First Instance
- Case number
- HCA2640/2014
The 1st defendant was enriched by receipt of US$449,963.60 diverted by fraud and failed to establish either change of position or ministerial receipt as defences because (a) the alleged change of position was by third parties and there was no evidence the 1st defendant itself had irreversibly changed position or accounted inter-company, (b) there was no agency/accounting obligation shown to support ministerial receipt, and (c) the 1st defendant failed to act in a commercially acceptable way; accordingly restitution was ordered.