Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Foss v. harbottle exception

Legal area

Court

6 May 2004

NG YEE WAH v. LAM CHUN WAH AND ANOTHER

Citation

NG YEE WAH v. LAM CHUN WAH AND ANOTHER
Court

Court of First Instance
Case number

HCA3349/2003

There is no common law requirement in Hong Kong that a derivative plaintiff must obtain leave to continue a derivative action; the Master's separate order granting leave (paragraph 1) was unnecessary where the real object was an indemnity and should be set aside; the plaintiff may continue the action at her own risk as to costs without prejudice to any future application, and dismissal of the summons is inappropriate in the absence of a proper strike-out application.
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.