6 Nov 2017
JANIE BABE INTERNATIONAL LTD (SUING ON BEHALF OF ITSELF AND 6TH DEFENDANT) v. HO TIT SING AND OTHERS
- Citation
- JANIE BABE INTERNATIONAL LTD (SUING ON BEHALF OF ITSELF AND 6TH DEFENDANT) v. HO TIT SING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2138/2016
The court concluded that the pleaded facts and available documentary evidence established a prima facie case that directors appropriated company funds by unauthorised loans and that alleged mismanagement served to conceal those wrongs; disputed factual issues (notably whether the plaintiff knew of or consented to the distributions) were material and not appropriately resolved on strike out; accordingly the defendants failed to show it was plain and obvious the derivative claims were barred or an abuse, and the striking out application was dismissed.