22 Jul 2022
No dispositive reasoning or final judgment is contained in the provided text; the core issues identified relate to standing, procedural propriety and the merits of alleged director misconduct.
28 Jan 2022
The court found a substantial overlap of the real issues (beneficial ownership, nominee arrangements, source of investment and relationships among key protagonists) and a substantial overlap of parties and witnesses; consolidation was not premature given pleadings and witness affirmations already filed; no real conflict of interest or unfair prejudice demonstrated; therefore summary order to try the four actions together was justified as sound case management to save time and costs and avoid inconsistent findings.
24 Jul 2020
The court refused to admit additional expert evidence on Mainland planning prospects because it would not add material value and would introduce hypothetical complexity; but allowed structured corporate finance expert evidence, directing the judge to draft issues reflecting market practice and what would reasonably have informed IPO pricing.
12 Mar 2018
The summons to stay the Counterclaim was dismissed because the question was primarily one of case management: the Counterclaim could proceed in other proceedings and need not be stayed pending resolution of the Petition and HCA; however, given the potential impact of findings on the principal issue upon the derivative action, the court ordered a split trial (try principal issues first, counterclaim later), synchronised timetables and further case management to adjust directions as necessary.
3 Aug 2012
Leave to amend to add the new fraud claim was refused because allowing the amendment would, by operation of s35 relation-back, risk depriving the defendant of a reasonably arguable limitation defence; the plaintiffs failed to show the defendant had no reasonably arguable limitation defence or that the new claim arose from the same facts as existing claims. The 3rd plaintiff's proposed claim was disallowed as it amounted to reflective loss. The appropriate remedy was to set aside the grant of leave to amend and permit the plaintiffs to issue a fresh writ if they choose.