15 Mar 1990
YUEN SAU FAI AND OTHERS v. YUEN JIP AUTO SERVICES LTD AND OTHERS
- Citation
- YUEN SAU FAI AND OTHERS v. YUEN JIP AUTO SERVICES LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV10/1990
The Court of Appeal dismissed the appeal and upheld the judge's refusal to strike out: on a strike-out exercise the petition's allegations, taken at face value, could arguably affect the rights or interests of some part of the company's members under s168A(1) (misappropriation of funds, prejudicial exclusion of directors, interference with company banking and records), and the respondents/appellants had not discharged the heavy burden required to show the petition was plainly an abuse of process or unsustainable; the judge's exercise of discretion was not vitiated.