26 Sept 2002
PREMIERE AGRI TECHNOLOGIES ASIA INC AND ANOTHER v. WONG SIU HUNG JOHN AND ANOTHER
- Citation
- PREMIERE AGRI TECHNOLOGIES ASIA INC AND ANOTHER v. WONG SIU HUNG JOHN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA790/2001
The court dismissed the 1st Defendant's strike-out application and granted the Plaintiffs leave to amend because the Statement of Claim on its face disclosed viable causes of action; the contested factual issues (including allegations of fraud, duress and breaches of fiduciary duty) required trial and credibility findings which could not be made on affidavit material alone; repayment of US$180,000 was not a prerequisite to pursuing rescission as any repayment would be treated in the final accounting.