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Relfo Ltd v Varsani : ウィキペディア英語版 | Relfo Ltd v Varsani
''Relfo Ltd (in liq) v Varsani'' () (EWCA Civ 360 ) is an English unjust enrichment law case, concerning to what extent enrichment of the defendant must be at the expense of the claimant. ==Facts== The liquidator of Relfo Ltd sued Varsani, a friend of the former director Mr Gorecia, who got money from the company. HMRC had sued Relfo Ltd for outstanding tax, whereupon Relfo Ltd put the £500,000 it had in its bank account to pay $890,050 into a Latvian account of Mirren Ltd, and then coincidentally an entity called Intertrade paid $878,469 from a Lithuanian bank account to Varsani. Shortly after Mr Varsani gave Mr Gorecia $100,000 The liquidator argued this was all connected, and the $100,000 was Mr Gorecia’s reward for diverting Relfo’s funds for Varsani’s benefit. Therefore Relfo Ltd retained a title in equity over the funds that Mr Varsani held, that Varsani was on notice of the facts at all times and so was a constructive trustee, and that even if tracing was not possible the payments were connected enough to base an unjust enrichment claim.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Relfo Ltd v Varsani」の詳細全文を読む
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