Read the full judgment text of DCCJ 3288/2013 on BabelCite. This District Court judgment was delivered on 29 June 2016.
1. Cases of fraud by email have become frequent visitors to the courts. This is one of such cases. Very often, as in the present case, the cause of action in such cases is unjust enrichment on mistake (or referred to as “money had and received” in the old common law form of action: see Cheong Shing Ltd v Yu Kwan (2008) 11 HKCFAR 594 at §54 per Litton NPJ) and very often, the defence raised in response is change of position in good faith (also known as bona fide change of position). Faced with bo
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