23 Jun 2020
MUSIC HOLDINGS PROPERTY HK LTD (formerly known as BECKTON INTERNATIONAL LTD) AND ANOTHER v. OOI LEAN CHOO (also known as ALSIE LAU)
- Citation
- [2020] HKCFI 1312
- Court
- Court of First Instance
- Case number
- HCA1945/2014
The court found as fact that Lau acted as agent for the Plaintiffs and the two HSBC accounts were used solely to receive and hold Plaintiffs' funds under instructions from Mr Behringer; her conscience was affected and she held those funds on trust from the inception of the arrangement, such that the Plaintiffs had proprietary interests enforceable against subsequent holders; Lau failed to prove the alleged oral service‑fee agreements, so set off and counterclaim were dismissed; monies transferred to Larry Brendon were traceable and subject to the Plaintiffs' proprietary rights.