15 Oct 2021
MELVIN WAXMAN AND ANOTHER v. LI FEI YU AND ANOTHER
- Citation
- [2021] HKCFI 3174
- Court
- Court of First Instance
- Case number
- HCA1972/2012
The court held that the Amended Statement of Claim, when read as a whole including paragraphs pleading the Shareholders' Agreement, subsequent pleadings and the re‑framed prayers, pleads both contractual and trust bases (contract as further or alternative); deletion of certain words from the original Prayer did not effect abandonment of the contractual claim and there is no reasonable basis to confine the plaintiffs to a trust claim only; accordingly defendants' submission is rejected and plaintiffs are entitled to costs of the application.