30 May 2006
WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
- Citation
- WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV220/2005
The Court of Appeal dismissed the first defendant's appeal and allowed the plaintiff's cross-appeal: the judge below was wrong to strike out the statement of claim in its entirety and to require proof of a prima facie case at strike-out stage; the pleaded facts were sufficient to permit the derivative action to proceed to trial; double/multiple derivative actions are maintainable in principle; issues of control, causation and reflected loss are matters for trial rather than a strike-out; the first defendant was ordered to bear costs nisi.