28 Jul 2017
LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS
- Citation
- LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, the Administratrix of the Estate of KWAN YAU HANG, deceased AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV192/2016
The Court dismissed the appeals. It upheld the judge's determination of the preliminary issues: the 70% attendance resolution was ultra vires and improperly imposed; the Termination Resolution removing 22 members was void for lack of proper basis under Article 9.2 and, on pleaded grounds, breached principles of natural justice and/or lacked jurisdiction; plaintiffs had standing to enforce their personal membership rights; issues of locus and cause of action not determined below could not be raised belatedly on appeal and in any event were without merit on the facts and law presented.