23 Jan 2020
FUNG TIN YAU v. FUNG TIN SHING AND OTHERS
- Citation
- [2020] HKCFI 252
- Court
- Court of First Instance
- Case number
- HCCW172/2016
The Court dismissed all three sets of appeals: the 2078 strike out appeal failed because the counterclaim alleging assumption of fiduciary duties disclosed a reasonable cause of action and was not plainly unsustainable; the O.14 summary judgment appeals (HCA 2998-3000) failed because genuine disputes of fact (Consensus vs Withdrawal/Wyse Agreements) and issues of credibility precluded summary disposal and leave to defend was granted without conditions; the 133/136 strike out appeals failed because a prima facie case of 'fraud on the minority' was established and alternative remedies or allega…