28 Dec 2023
HUNG WAI CHING v. LEE LAP YAN AND OTHERS
- Citation
- [2023] HKDC 1834
- Court
- District Court
- Case number
- DCMP1760/2022
The court found on the evidence the plaintiff was the victim of a fraud and that the recipients (1st and 3rd defendants) were fraudulent recipients; constructive trusts arose over the sums transferred, the relevant balances in the bank accounts were traceable to the plaintiff (HK$600,000 in the HSBC account and HK$240,270 in the BOC account), and it was appropriate and expedient to grant declarations of constructive trust and vesting orders under s52 Trustee Ordinance directing the banks to pay those sums to the plaintiff; accordingly the 1st and 3rd defendants were held liable to account and…