Li v Wu

Case

[2019] ACTCA 14

16 May 2019


Details
AGLC Case Decision Date
Li v Wu [2019] ACTCA 14 [2019] ACTCA 14 16 May 2019

CaseChat Overview and Summary

This matter concerned an application for leave to appeal against a primary judgment. The applicant, Li, sought to appeal a decision made in a derivative action brought against the respondent, Wu.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient grounds to be granted leave to appeal. This involved an assessment of whether the proposed appeal had a good faith basis and a solid foundation, as required for derivative actions.

The Court considered the principles governing applications for leave to appeal, particularly in the context of derivative actions. It was necessary to determine if the applicant had established an arguable case that the primary judge had erred in law or fact, thereby justifying the intervention of the appellate court. The Court's reasoning would have focused on the strength of the grounds of appeal presented and whether they met the threshold for granting leave.

The Court of Appeal made orders in relation to the application for leave to appeal.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Appeal

  • Standing

Actions
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Most Recent Citation
Li v Wu [2020] FCA 776

Cases Citing This Decision

2

Li v Wu [2020] FCA 776
Cases Cited

15

Statutory Material Cited

3

Li v Wu [2013] FCA 1067
Wu v Li [2015] FCAFC 109
Li v Wu [2016] FCCA 2836