Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unjust enrichment/restitution

Legal area

Court

27 Apr 2022

HMM (HONG KONG) LIMITED (formerly known as HYUNDAI MERCHANT MARINE (HONG KONG) LIMITED) v. MA CHUN KIT AND OTHERS

Citation

[2022] HKCFI 1153
Court

Court of First Instance
Case number

HCA619/2016

The court accepted the plaintiff's evidence and the defendant's criminal conviction for the 260 transactions, found that the defendant owed fiduciary duties and breached them by misappropriating the plaintiff's funds and converting banking tokens, and therefore entered judgment for equitable compensation equal to the total sum misappropriated with compound interest and continued the mareva injunction for 12 months.
15 Oct 2021

CHINA MEDICAL TECHNOLOGIES, INC (IN LIQUIDATION) AND OTHERS v. BANK OF CHINA (HONG KONG) LTD

Citation

[2021] HKCFI 3042
Court

Court of First Instance
Case number

HCA1742/2018

The court held that the unjust enrichment/restitution claim was manifestly time-barred and struck it out, but that the balance of the defendant's strike-out grounds failed because (a) the knowing receipt and dishonest assistance claims raised difficult and unsettled legal and factual issues (including whether the bank beneficially received funds and whether limitation is postponed under s26(1)) unsuitable for resolution on strike-out, and (b) the s275 fraudulent trading claim was arguable on the pleaded facts and the Rule 58 procedural defect had been or could be cured by issuing the required…