11 Jul 2016
JANFUL LTD AND ANOTHER v. SINOSOFT TECHNOLOGY GROUP LTD AND ANOTHER
- Citation
- JANFUL LTD AND ANOTHER v. SINOSOFT TECHNOLOGY GROUP LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1613/2013
Ex parte leave to serve out was set aside because the plaintiffs failed to establish a serious issue to be tried (primary pleaded losses were, on the pleadings and in the absence of supporting evidence, reflective losses recoverable only by the JV company) and because there was material non-disclosure at the ex parte stage of highly material matters (possible PRC governing law and extensive PRC proceedings). The derivative action was not permitted to proceed because the plaintiffs failed to establish a prima facie case of company loss or control by wrongdoers sufficient to stifle corporate ac…