10 Jun 1999
MAN MEI KWAI v. MAN PING NAM
- Citation
- MAN MEI KWAI v. MAN PING NAM
- Court
- Court of First Instance
- Case number
- HCA9852/1998
The Registrar erred in striking out paragraph 12 and the Counterclaim because (1) on the pleadings and available evidence it is not plain and obvious that lack of consent under s.15 defeats the Defendant's defence — the absence of District Officer consent makes the legal effect of the letting an arguable issue; and (2) because the Wui is an unincorporated association, the rule in Foss v. Harbottle does not automatically bar an individual member from pursuing a claim where proprietary rights may be affected or where the manager's actions may be ultra vires; accordingly both the defence paragra…