25 Sept 2025
DANA WELLS v. CHAN YANFENG
- Citation
- [2025] HKDC 1586
- Court
- District Court
- Case number
- DCCJ1304/2023
On the pleadings the plaintiff was entitled to default judgment: the pleaded facts establish she was defrauded and the defendant was unjustly enriched, holding USD 88,466 as constructive trustee for the plaintiff and liable to repay with interest and costs; however, section 52(1)(e) of the Trustee Ordinance does not permit a vesting order against a remedial/category 2 constructive trustee in internet fraud cases, so the application for joinder of HSBC and a vesting order is refused, following Amidas and Orion and preferred authorities.