When Email Fraud Meets Vesting Orders

8 Pages Posted: 7 Oct 2020 Last revised: 17 Nov 2020

See all articles by Lusina Ho

Lusina Ho

The University of Hong Kong - Faculty of Law

Alex C.H. Yeung

University of Oxford - Harris Manchester College

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

Ho, Lusina and Yeung, Alex C.H., When Email Fraud Meets Vesting Orders (September 11, 2020). (2021) 137 LQR (Forthcoming), University of Hong Kong Faculty of Law Research Paper No. 2020/046, Available at SSRN: https://ssrn.com/abstract=3702002

Lusina Ho (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01250

Alex C.H. Yeung

University of Oxford - Harris Manchester College ( email )

Mansfield Road
Oxford, OX1 3TD
United Kingdom

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