23 Jan 2020
FUNG TIN YAU, SUING ON BEHALF OF HIMSELF AND MAXFORTUNE TRADING LTD AS A SHAREHOLDER OF SAMDOR CO LTD v. LAI NG NUI AND OTHERS
- Citation
- [2020] HKCFI 252
- Court
- Court of First Instance
- Case number
- HCA136/2018
The Judge dismissed all three sets of appeals: the 2078 counterclaim was not plainly and obviously unsustainable and disclosed a reasonable cause of action based on assumed fiduciary duties; the O.14 summary judgment appeals failed because factual disputes (Consensus v Withdrawal/Wyse Agreements) are highly fact‑sensitive and require trial; the derivative strike‑out applications failed because a prima facie case of fraud on the minority was established such that derivative claims should proceed.