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
- CACV191/2016
The Court dismissed the appeals and affirmed the judge’s determination of the preliminary issues in favour of the Reformist plaintiffs: the Board acted ultra vires in imposing a 70% attendance requirement; the Termination Resolution expelling 22 members was void for lack of proper basis and/or jurisdiction under the articles and for breach of natural justice; expelled members had standing to challenge their expulsion in court; and appellate courts should not entertain issues (locus/cause) not raised and determined below unless plainly without merit — here those fresh arguments were without me…