21 Aug 2015
LIU HSIAO CHENG v. WONG SHU WAI AND OTHERS
- Citation
- LIU HSIAO CHENG v. WONG SHU WAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1278/2013
The Amended Counterclaim and related Defence paragraphs are not plain and obvious to be struck out on the basis alleged. Wrongdoer control in a deadlock was arguable on the pleadings and no legal rule requires a futile attempt to procure the company to sue. It is not plain and obvious that a CLDA based on breach of fiduciary duty must allege the wrongdoer received personal benefit; the point is arguable and therefore the claim should not be struck out at this stage. Leave to amend and particulars should be given and costs adjusted accordingly.