25 Nov 2024
BCPE DIAMOND HOLDCO SRL v. SUNWE PLASTIC HK LTD AND OTHERS
- Citation
- [2024] HKCFI 3370
- Court
- Court of First Instance
- Case number
- HCA221/2023
Summary judgment granted because plaintiff proved the challenged sums were traceable proceeds of funds misappropriated from plaintiff and thus enrichments of D3 and D5 were at plaintiff's expense and legally unjust; D3 and D5 failed to raise any triable issues or produce cogent evidence to establish the defences of bona fide purchase for value without notice or change of position; the proprietary claim against D5 also made out on tracing and Clayton presumption.