9 Sept 2015
HO PO LING WINNIE v. IP KWAI YING AND OTHERS
- Citation
- HO PO LING WINNIE v. IP KWAI YING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3098/2014
The amended originating summons failed to disclose any arguable cause of action under §3 and §9 because the company was not a trustee and any breach of fiduciary duty by directors could only be pursued by the company; D2's trusteeship of one 25% share did not give rise to duties that could constrain his separate role as director or enable him to 'procure' the company to act; allegations of dishonest assistance were unpleaded and inappropriate on originating summons; and the costs incurred in the separate action were not "of and incidental to" HCMP 3098 so the court had no jurisdiction to awar…