24 Nov 2006
KURT GEORG ROCCO RINCK v. VIJAY ESWARAN
- Citation
- KURT GEORG ROCCO RINCK v. VIJAY ESWARAN
- Court
- Court of First Instance
- Case number
- HCA1516/2006
The Statement of Claim was struck out because it failed to plead or disclose any factual basis that QuestNet had declared dividends to which the plaintiff was entitled, the plaintiff lacked demonstrable capacity to bring the proposed derivative claim and had not sought the mandatory leave under s168BB/168BC, and the action was an abuse of process commenced in retaliation; accordingly the claim was unsustainable and dismissed with costs to the defendant.