31 Mar 2015
WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD v. EMILY TSE AND OTHERS
- Citation
- WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD v. EMILY TSE AND OTHERS
- Court
- District Court
- Case number
- DCCJ2422/2013
The ASoC discloses no reasonable cause of action and is an abuse of process: the complaints are public law matters which should have been pursued by judicial review within the prescribed time limits; ss 380(1) and (3) SFO provide statutory immunity absent properly pleaded bad faith which the ASoC fails to plead; allegations of misfeasance and fraud lack the required factual particularity and subjective intent; the ASoC is prolix, vexatious and contrary to pleading rules, therefore it must be struck out and the action dismissed, with indemnity costs awarded to defendants.