14 May 2020
PACIFIC BULK INVESTMENT LTD v. CHU KONG AND OTHERS
- Citation
- [2020] HKCFI 769
- Court
- Court of First Instance
- Case number
- HCA379/2019
Ex parte leave under s733 was properly granted because the claim raised at least a serious question to be tried (including a plausible resulting trust argument and alleged breach of fiduciary duties) and appeared prima facie in the company's interests; there was no material non‑disclosure nor sufficient evidence of ulterior motive to amount to abuse of process; the derivative claim was not plainly unsustainable and therefore the setting aside and strike‑out applications were dismissed.