23 Aug 2013
MELVIN WAXMAN v. LI FEI YU AND OTHERS
- Citation
- MELVIN WAXMAN v. LI FEI YU AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1973/2012
The plaintiff established a prima facie case that the company had a viable claim and that the claim fell within the fraud on the minority exception to Foss v Harbottle; the locus challenge therefore failed and the strike‑out summonses were dismissed; repayment after issue and the amendment (which relates back) did not extinguish the pre‑existing cause of action and did not defeat the prima facie case.