← All Authorities
Hong Kong Leading Case four stage testmistakefailure of considerationchange of position

Shanghai Tongji Science & Technology Industrial Co Ltd v Casil Clearing Ltd

(2004) 7 HKCFAR 79; [2004] 2 HKLRD 548
JurisdictionHong Kong
CourtCourt of Final Appeal (HKCFA)
Year2004
StatusBinding authority

Key Principle

A claim in unjust enrichment/restitution is analysed by a four-stage inquiry: (1) was the defendant enriched; (2) at the claimant's expense; (3) was the enrichment unjust (an unjust factor such as mistake or total failure of consideration); and (4) are any defences available.

Area of Law

Equity, Trusts & Restitution

Related Cases

Tang Ying Loi v Tang Ying Ip (alias Tang Ying Yip) and Others (2017) 20 HKCFAR 53; [2017] HKCFA 3
Mo Ying v Brillex Development Ltd and Another [2015] 2 HKLRD 985; [2015] HKCA 156
Libertarian Investments Ltd v Hall (2013) 16 HKCFAR 681; [2013] HKCFA 93

Ask CommonBench about this case

Get a detailed analysis of Shanghai Tongji Science & Technology Industrial Co Ltd v Casil Clearing Ltd and how it applies to your situation.

Explain Shanghai Tongji Science & Tech...