12 Jun 2017
LEUNG TUNG HOI AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS
- Citation
- LEUNG TUNG HOI AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV54/2015
The judge erred by delving into contested evidence and effectively determining merits on the papers; on a leave application under s168BC the correct approach is to ask whether there is a serious question to be tried, not to resolve disputes of fact; on the material before the court there were arguable claims of misappropriation, conspiracy and dishonest assistance against the 2nd to 5th respondents and a tenable claim against the 3rd and 4th respondents that warranted permitting the derivative proceedings to proceed.