Hong Kong Case Law: Decisions & Judgments

Topic

Double/multiple derivative action

Legal area

Court

17 Sept 2010

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS

Citation

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS
Court

Court of First Instance
Case number

HCMP1141/2010

A majority refused leave to appeal because the choice‑of‑law and substantive questions about availability of multiple derivative actions for a PRC company were novel and complex, the available expert evidence was incomplete and improperly adduced for summary disposal, and case management principles required the issues to go to full investigation and trial rather than be decided on an interlocutory appeal.
30 Apr 2010

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS

Citation

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS
Court

Court of First Instance
Case number

HCA2057/2009

The court refused the Plaintiff's application for default judgment, held the defendant's O.12 r.8 challenge was misplaced and that contested merits points must be raised under O.18 r.19 or at trial, dismissed the strike out application on the grounds that the complex legal questions (including availability of a double derivative action under PRC law and reflective loss issues) were arguable and unsuitable for summary striking out, continued the interim injunction, ordered consolidation/case management for determination of the preliminary issue and granted the defendant an extension to file a…
30 May 2006

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Citation

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
Court

Court of Appeal
Case number

CACV220/2005

The Court of Appeal dismissed the first defendant's appeal and allowed the plaintiff's cross-appeal: the judge below was wrong to strike out the statement of claim in its entirety and to require proof of a prima facie case at strike-out stage; the pleaded facts were sufficient to permit the derivative action to proceed to trial; double/multiple derivative actions are maintainable in principle; issues of control, causation and reflected loss are matters for trial rather than a strike-out; the first defendant was ordered to bear costs nisi.
29 Apr 2005

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Citation

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
Court

Court of First Instance
Case number

HCA3291/2003

The Statement of Claim as framed on behalf of Playmates was struck out because the losses alleged were, on their face, reflective of losses suffered by wholly owned subsidiaries (Profit Point and Autoestate) and therefore unrecoverable under the no‑reflective‑loss principle (Johnson v Gore Wood); the court held a multiple derivative action on behalf of subsidiaries is available in principle where wrongdoer control exists but confined its permission to allow the plaintiff to seek leave to amend to pursue subsidiary claims and permitted only the Profit Point‑related claim to proceed on a prima…

Hong Kong Case Law

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS

MING LAI SIU FUN v. TSANG HUNG KONG AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS