Download This PaperWhen Email Fraud Meets Vesting Orders
(2021) 137 LQR (Forthcoming)
University of Hong Kong Faculty of Law Research Paper No. 2020/046
8 Pages Posted: 7 Oct 2020 Last revised: 17 Nov 2020
Date Written: September 11, 2020
Abstract
This case commentary considers the novel use of the courts' statutory jurisdiction under s51 of the Trustee Act 1925 (s52 of the Hong Kong Trustee Ordinance) to vest choses in action held by a constructive trustee in another person.
It considers conflicting decisions to recover proceeds of fraud that have been held to be subject to a constructive trust under Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669.
Keywords: Westdeutsche constructive trust; vesting orders
Suggested Citation: Suggested Citation
Lusina Ho (Contact Author)
The University of Hong Kong - Faculty of Law ( email )
Pokfulam Road
Hong Kong, Hong Kong
China
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