6 May 2003
TAN MAN KOU AND ANOTHER v. CHIME CORPORATION LTD AND OTHERS
- Citation
- TAN MAN KOU AND ANOTHER v. CHIME CORPORATION LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP4146/2001
The court held (1) the petitioners' abuse summons was dismissed because the Company was not estopped — the earlier proceedings did not create identity of cause, parties or subject‑matter and interlocutory decisions did not finally determine the legal issue; (2) prayer (3) as pleaded (payment of dividends to petitioners) disclosed no reasonable cause of action and is struck out because dividends are prima facie assets of the company and restitution for company loss is properly within derivative jurisdiction; (3) proposed amendments seeking restitution for the HK$4.5 billion loans to CAL were r…