HARBINDER SINGH BRANCH v. BILLION MAX INTERNATIONAL DEVELOPMENT LTD

DCCJ4283/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4283 OF 2009

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D E C I S I O N

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1.  This is the Plaintiff’s inter partes application for an order to restrain the Defendant from disposing of or otherwise interfering with the funds held in the bank account with the Hong Kong and Shanghai Banking Corporation Limited referred to in the summons. 

Background

2.  On or about 2 July 2009, the Plaintiff was approached by a Mr Li Chak-wai who came to contact him to verify his identity for the purpose of processing an inheritance claim in respect of an account of a Mr Alfred Branch, deceased, his relative.  The Plaintiff was told that he was a beneficiary of the person, Alfred Branch, deceased.  As a result, he deposited into the Defendant’s account in July 2009 two portions of money, namely US$16,750 and US$83,500.  Later on, the Plaintiff found out that the whole thing was a fraudulent scheme.  He then reported the matter to the police, but part of the money had already been redrawn from the account in question.  The remaining money in the account was frozen by police pursuant to certain protocol. 

3.  I found that there is a real issue to be tried in this case.  Unless an order is imposed by this court to restrain the Defendant from interfering with the money held in the account, there is a real risk that the remaining money will be withdrawn from the account in question.  I therefore make an order in terms of the summons and I make an order that costs of this application be costs in the cause of this case.