Question juridique clé
Whether the applicant made a prima facie showing of a claim for unjust enrichment against the respondent sufficient to justify seizure.
Solution extraite
No. The court held that any enrichment of the respondent derived directly from the intermediary’s enrichment, not directly from the applicant’s impoverishment, so the required causal link was lacking.
Motifs extraits
An unjust enrichment claim lies only against the person enriched at the claimant’s expense through a direct causal relationship. If a third party misappropriates the claimant’s funds and uses them to pay another, the enrichment of the recipient is only indirect and does not support a claim against that recipient.