5 Mar 1996
TAN ENG GUAN AND ANOTHER v. SOUTHLAND CO LTD AND OTHER
- Citation
- TAN ENG GUAN AND ANOTHER v. SOUTHLAND CO LTD AND OTHER
- Court
- Court of Appeal
- Case number
- CACV165/1995
The Court allowed the appeals, set aside the summary judgment order because derivative minority shareholder claims and disputed questions of fiduciary breach and statutory relief are unsuitable for summary determination under O.14; the fraud exclusion in O.14 r.1(2)(b) is to be construed narrowly (fraud strictly so-called) and did not bar the summary application here, but in any event the proper course is to determine derivative standing and related defences at trial or by a preliminary issue, not by summary judgment.