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Hong Kong enrichment at the expense ofknowing receipt

BCPE Diamond Holdco SRL v Sunwe Plastic HK Limited & Ors

[2024] HKCFI 3370
JurisdictionHong Kong
CourtHK Court of First Instance
Year2024
StatusBinding authority

Summary

Want of authority constitutes an unjust factor grounding restitution claims against indirect recipients in HK law.

Key Principle

Want of authority constitutes an unjust factor in restitution claims brought against indirect recipients.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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