Sunday, October 18, 2020
Lusina Ho and Alex C.H. Yeung recently published an article entitled, When Email Fraud Meets Vesting Orders, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article.
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.