28 Jan 2021
WANG PENGYING v. NG WING FAI AND OTHERS
- Citation
- [2021] HKCA 100
- Court
- Court of Appeal
- Case number
- CACV17/2020
The appeals are dismissed because the plaintiff failed to establish a prima facie case that the alleged wrongdoers (Ng and Yap) were in effective control of the companies such as to prevent the company from suing; absent that threshold, the derivative actions could be struck out. The court also found no prima facie evidence of fraud on the minority or deliberate dishonest breach by the defendants sufficient to justify a derivative action.