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certainty of subject matterretention moniestrust vs unsecured claim
Hip Hing Construction Company Limited v Hong Kong Airlines Ltd
[2024] HKCFI 370
Key Principle
Although a standard-form retention-money clause may evince an intention to create a trust over retention monies, no valid trust arises where the subject matter is uncertain because the employer never segregated or set the monies aside from its general funds, so the contractor is left with only an unsecured debt claim.
Area of Law
construction
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