Hong Kong Case Law: Decisions & Judgments

Topic

Vesting order (s52 trustee ordinance)

Legal area

Court

18 Feb 2022

HYPERTEC SYSTEMS INC. v. YIFIM LTD AND ANOTHER

Citation

[2022] HKCFI 482
Court

Court of First Instance
Case number

HCA1308/2021

The court accepted that on the pleaded and proved facts a constructive trust arose by operation of law over the sums transferred by fraud and that those sums were traced to specified balances in the defendants' Hong Kong bank accounts; section 52(1)(e) of the Trustee Ordinance applies to such constructive trusts and authorises vesting of the right to sue for and recover the thing in action in the plaintiff where it is expedient and necessary to enable recovery; service on the defendants at their registered offices was valid; accordingly default judgment with declaratory relief and monetary ju…
30 Nov 2020

QUESSGLOBAL (MALAYSIA) SDN. BHD. v. SEN XIN JU TECHNOLOGY TRADING LTD

Citation

[2020] HKDC 1091
Court

District Court
Case number

DCCJ1221/2020

On the facts pleaded the plaintiff established a prima facie entitlement to recover the funds transferred by mistake as a result of email fraud and to declaratory/proprietary reliefs to facilitate tracing; accordingly the court was entitled to depart from normal practice and grant default judgment and make an order under section 38A District Court Ordinance to facilitate recovery; the court did not decide the s52 Trustee Ordinance vesting jurisdiction because the plaintiff withdrew that limb.
9 Oct 2020

LAM WAI HAN v. NAVARRO ALANITA ANDAGAN AND ANOTHER

Citation

[2020] HKDC 907
Court

District Court
Case number

DCCJ2689/2020

On the pleaded facts and materials before the court the transfers were induced by fraud, the plaintiff is entitled to a declaration that the sums in the defendants' bank accounts are held on constructive trust for her, to damages for the fraud as an alternative remedy, and to a proprietary and monetary injunction restraining the defendants from dealing with those sums or assets up to those amounts; a vesting order under s52 Trustee Ordinance was not made because the bank had not been heard; costs were allowed on summary assessment.

Hong Kong Case Law

HYPERTEC SYSTEMS INC. v. YIFIM LTD AND ANOTHER

QUESSGLOBAL (MALAYSIA) SDN. BHD. v. SEN XIN JU TECHNOLOGY TRADING LTD

LAM WAI HAN v. NAVARRO ALANITA ANDAGAN AND ANOTHER