23 Jan 2020
WYSE INVESTMENT LTD v. FUNG TIN YAU
- Citation
- [2020] HKCFI 252
- Court
- Court of First Instance
- Case number
- HCA1291/2018
All three sets of appeals dismissed because the Masters’ decisions to refuse strike out and to refuse summary judgment were correct: the pleaded counterclaims and defences disclosed triable issues, assumption of fiduciary duties is a legally recognisable cause, factual disputes (Consensus v Withdrawal/Wyse Agreements) cannot be resolved summarily, and a prima facie case of fraud on the minority exists for derivative claims; therefore leave to defend should stand and derivative actions should not be struck out.