Paudel, Liladhar t/a Asia Enterprises v. Shi Hongcheng

DCCJ 3686/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3686 OF 2012

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JUDGMENT

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1.By this action, the plaintiff claimed against the defendant for the return of a sum of US$50,465.00 which was transferred on 12 December 2011 by way of electronic remittance from the plaintiff’s bank account to the defendant’s bank account No. 19959234 with the Standard Chartered Bank (Hong Kong) Limited.

2.It was the plaintiff’s case that he had no contractual relationship with the defendant who was a resident in Mainland China.  Nor did the plaintiff personally know the defendant. According to the plaintiff, the said transfer or remittance was made under a mistake of fact so that the defendant was not entitled to receive the said sum of US$50,465.00.

3.At trial, the defendant did not turn up and hence it was not necessary to consider the defence case.  As such, there was nothing to dispute the plaintiff’s allegations and I accepted in totality what was said by the plaintiff’s witnesses.

4.Accordingly, I found judgment for the plaintiff who has proved his case to the requisite standard and made the following orders against the defendant in favour of the plaintiff:-

(a) return of the said sum of US$50,465.00;

(b) a declaration that the plaintiff has a proprietary interest in the said sum of US$50,465.00 and the defendant has become a constructive trustee for the plaintiff of the said sum paid by mistake; and

(c) interest on the said sum of US$50,465.00 at 1% above the best lending rate of HSBC from the date of writ until judgment and thereafter at judgment rate until payment.

5.Finally, I made an order nisi of costs that costs of this action be paid by the defendant to the plaintiff, with certificate for counsel, such costs to be taxed if not agreed.  This order nisi shall become absolute unless any party applies to vary the same within 14 days.

Ms Athena Wong, instructed by David Ravenscroft & Co, for the plaintiff

The defendant was not represented and did not appear