Hong Kong Case Law: Decisions & Judgments

Topic

Strike out (order 18)

Legal area

Court

23 Jan 2020

PREMIUM MANAGEMENT LTD v. FUNG TIN YAU

Citation

[2020] HKCFI 252
Court

Court of First Instance
Case number

HCA3000/2017

The Court dismissed all three sets of appeals: the counterclaim based on assumed fiduciary duties disclosed a reasonable cause of action and was not plainly unsustainable; disputed facts and credibility issues precluded strike out or summary judgment and justified unconditional leave to defend; a prima facie case of fraud on the minority existed in respect of the transfers to the director's personal account, so the derivative claims were not struck out. Accordingly the interlocutory decisions below were upheld and appeals dismissed.
23 Jan 2020

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

Citation

[2020] HKCFI 252
Court

Court of First Instance
Case number

HCCW170/2016

All three sets of appeals dismissed: the 2078 counterclaim disclosed a reasonable cause of action based on assumed/ad hoc fiduciary duties and was not plainly frivolous or an abuse; the 2998-3000 defences raised bona fide factual disputes (Withdrawal/Wyse Agreements and Consensus) defeating Order 14 summary judgment and precluding conditional leave or strike out; the 133/136 derivative claims established a prima facie fraud‑on‑the‑minority exception and were not struck out for alternative remedy or clean hands; leave to defend granted and costs awarded to the Respondent subject to taxation.
23 Jan 2020

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

Citation

[2020] HKCFI 252
Court

Court of First Instance
Case number

HCCW172/2016

The Court dismissed all three sets of appeals: the 2078 strike out appeal failed because the counterclaim alleging assumption of fiduciary duties disclosed a reasonable cause of action and was not plainly unsustainable; the O.14 summary judgment appeals (HCA 2998-3000) failed because genuine disputes of fact (Consensus vs Withdrawal/Wyse Agreements) and issues of credibility precluded summary disposal and leave to defend was granted without conditions; the 133/136 strike out appeals failed because a prima facie case of 'fraud on the minority' was established and alternative remedies or allega…
1 Sept 2006

HO YUEN KI, WINNIE v. STANLEY HO

Citation

HO YUEN KI, WINNIE v. STANLEY HO
Court

Court of First Instance
Case number

HCA2798/2002

HCMP 317/2004 was not a third-party proceeding for present purposes because the Defendant was a substantive defendant and consented to the costs order; the rule in Berry prevents the plaintiff from recovering in this action legal costs in excess of those awarded or taxed in the prior reinstatement proceeding, and having consented to the costs order the plaintiff cannot relitigate taxed-off costs. Therefore paragraphs 2–6 of the Amended Statement of Claim (the damages claim) are struck out and dismissed.

Hong Kong Case Law

PREMIUM MANAGEMENT LTD v. FUNG TIN YAU

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

FUNG TIN YAU v. FUNG TIN SHING AND OTHERS

HO YUEN KI, WINNIE v. STANLEY HO