Read the full judgment text of HCA 1069/2008 on BabelCite. This High Court CFI judgment was delivered on 4 November 2009.
1. This is a derivative action commenced by the plaintiff on behalf of the 6 th defendant. By the Order of Master Lung made on 24 April 2009, the 1 st defendant’s counterclaim against the 6 th defendant was struck out. This is the 1 st defendant’s appeal against Master Lung’s Order, which raises the question of whether a defendant in a derivative action can counterclaim against the company on whose behalf the claim is made under Order 15, rule 2 or 3.