When Email Fraud Meets Vesting Orders
(2021) 137 LQR (Forthcoming)
8 Pages Posted: 7 Oct 2020 Last revised: 17 Nov 2020
Date Written: September 11, 2020
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  AC 669.
Keywords: Westdeutsche constructive trust; vesting orders
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