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[2023] HKCA 535

[2023] HKCA 535
JurisdictionHong Kong
CourtHK Court of Appeal
Year2023
StatusBinding authority

Summary

An appeal by a director of a company ordered to be wound up was struck out as an abuse of process.

Key Principle

An appeal procured by a director of a company ordered to be wound up was struck out as constituting an abuse of process.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.

UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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