CHIANG WEE TIONG v. LEE NGAI MING, JACKSON

CHIANG WEE TIONG v. LEE NGAI MING, JACKSON

On the balance of probabilities the court found Mr Lee was employed by QTL from 1 March 2007; the payments made and acknowledged were, despite labels of 'loan', in substance payment of salary/consideration for services; accordingly Mr Lee was entitled to unpaid salary, pay in lieu of notice, annual leave pay and expense reimbursement totalling $61,302.27; QTL's telephone charges claim of $1,075.21 was allowed; LST is the owner of the Source Code and entitled to possession; LST's counterclaim for payment in lieu of notice was dismissed and Chiang's claims were dismissed.

Citation
CHIANG WEE TIONG v. LEE NGAI MING, JACKSON
Parties
Plaintiff (dccj 4116/2007): Chiang Wee Tiong; Defendant (dccj 4116/2007); Plaintiff (dccj 2586/2008): Lee Ngai Ming, Jackson; 1st Defendant (dccj 2586/2008): Quest Telecom Ltd.; 2nd Defendant (dccj 2586/2008): Link Services Technology Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 May 2011
Case Number
DCCJ4116/2007
Procedural Posture
Civil Action (district Court) / Judgment After Trial
Outcome
DCCJ 2586/2008: Mr Lee's claim allowed in part; QTL's counterclaim allowed in part; declaration that LST owns the Source Code. DCCJ 4116/2007: Chiang's claim dismissed.
Legal Topics
Employment Status, Salary Arrears, Characterisation of Payments (loan V Salary), Termination Payments and Notice, Delivery Up of Source Code, Corporate Veil and Group Conduct, Costs and Interest
Source Language
EN
Employment Law Contract Law Company Law Intellectual Property Debt Recovery Employment Status Salary Arrears Characterisation of Payments (loan V Salary) +4 more

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Parties

Chiang Wee Tiong

Plaintiff (dccj 4116/2007)

Lee Ngai Ming, Jackson

Defendant (dccj 4116/2007); Plaintiff (dccj 2586/2008)

Quest Telecom Ltd.

1st Defendant (dccj 2586/2008)

Link Services Technology Ltd.

2nd Defendant (dccj 2586/2008)

Procedural Posture

Civil Action (district Court) / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Lee became an employee of QTL from 1 March 2007
  2. 2 Whether the sum of $251,000 paid to Mr Lee was a personal loan from Mr Chiang or payment of salary/consideration for services
  3. 3 Whether Mr Lee is entitled to termination payments, annual leave pay and reimbursement of expenses

Ratio Decidendi

On the balance of probabilities the court found Mr Lee was employed by QTL from 1 March 2007; the payments made and acknowledged were, despite labels of 'loan', in substance payment of salary/consideration for services; accordingly Mr Lee was entitled to unpaid salary, pay in lieu of notice, annual leave pay and expense reimbursement totalling $61,302.27; QTL's telephone charges claim of $1,075.21 was allowed; LST is the owner of the Source Code and entitled to possession; LST's counterclaim for payment in lieu of notice was dismissed and Chiang's claims were dismissed.

Court Disposition

DCCJ 2586/2008: Mr Lee's claim allowed in part; QTL's counterclaim allowed in part; declaration that LST owns the Source Code. DCCJ 4116/2007: Chiang's claim dismissed.

Orders

  • DCCJ 2586: Allow Mr Lee's claim against QTL in the sum of $61,302.27.
  • Allow QTL's counterclaim against Mr Lee in the sum of $1,075.21.