Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Strike out for frivolous and vexatious claims
  • 20 Dec 2001

    WONG WAN HUEN FREDERICK AND OTHERS v. W HAKING ENTERPRISES LTD. AND OTHERS

    Citation
    WONG WAN HUEN FREDERICK AND OTHERS v. W HAKING ENTERPRISES LTD. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCW1166/2000

    The application to strike out was dismissed because section 168A grants the court a wide discretion to order buy‑out relief that can affect members who are not alleged to have committed wrongdoing; at the preliminary stage, without full evidence about voting, share control and surrounding circumstances, it would be improper to remove the judge's discretion by striking out the petition as against the 6th respondent.

    • Unfair prejudice petition
    • Buy‑out orders under s168a
    • Strike out for frivolous and vexatious claims
    • Joinder of members
    • Proxy voting