To trace or not to trace? Hong Kong Court reiterates applicable tracing principles for obtaining a proprietary relief in email fraud cases

In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held the total amount of three transfers that were mistakenly made by the plaintiff to the defendant on constructive trust for the plaintiff.

The decision reiterates the applicable tracing principles for obtaining proprietary relief and has practical implications as to how proprietary claims may be formulated in cyber fraud cases.

Read More: To trace or not to trace? Hong Kong Court reiterates applicable tracing principles for obtaining a proprietary relief in email fraud cases


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