30 Oct 2024
梁浩基 對 劉福明
- Citation
- [2024] HKCFI 2021
- Court
- Court of First Instance
- Case number
- HCA731/2023
The statement of claim was struck out because it failed to plead essential elements of the alleged s108 cause of action: it did not allege the defendant was a director of the company when the impugned press release was made, it failed to particularise whether the impugned statements were statements, promises or predictions and to plead the requisite state of mind or care, and it relied on irrelevant material (third-party criminal conviction) which does not connect to the alleged misrepresentations; these defects were fundamental and irremediable. Consequently the strike-out application succee…