CHUNG MAN CHIU & ANOTHER v. AD-LINK COMMUNICATIONS LTD.

CHUNG MAN CHIU & ANOTHER v. AD-LINK COMMUNICATIONS LTD.

Leave to appeal is granted limited to the defendant's ground that the presiding officer failed to consider the complaint that the claimants wrongfully represented an outside company as affiliated with the defendant because that omission is arguable and could affect findings on mala fides, bad faith and conspiracy; leave on the challenge to factual findings about standing instructions is refused as impermissible.

Citation
CHUNG MAN CHIU & ANOTHER v. AD-LINK COMMUNICATIONS LTD.
Parties
1st Claimant: Chung Man Chiu; 2nd Claimant: Azri Wong Wing Kee; Defendant: AD-LINK COMMUNICATIONS LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2002
Case Number
HCLA58/2002
Procedural Posture
Labour Tribunal Appeal / Leave to Appeal
Outcome
Leave to appeal granted in part and refused in part
Legal Topics
Summary Dismissal, Leave to Appeal, Misrepresentation, Mala Fides, Conspiracy, Findings of Fact
Source Language
EN
Employment Law Appeal Procedure Summary Dismissal Leave to Appeal Misrepresentation Mala Fides Conspiracy Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Chung Man Chiu

1st Claimant

Azri Wong Wing Kee

2nd Claimant

AD-LINK COMMUNICATIONS LTD.

Defendant

Procedural Posture

Labour Tribunal Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether the presiding officer failed to consider the defendant's complaint that the claimants wrongfully represented an outside company as affiliated with the defendant
  2. 2 Whether such failure undermines the presiding officer's findings on mala fides, bad faith and conspiracy
  3. 3 Whether the matter is a proper subject for leave to appeal

Ratio Decidendi

Leave to appeal is granted limited to the defendant's ground that the presiding officer failed to consider the complaint that the claimants wrongfully represented an outside company as affiliated with the defendant because that omission is arguable and could affect findings on mala fides, bad faith and conspiracy; leave on the challenge to factual findings about standing instructions is refused as impermissible.

Court Disposition

Leave to appeal granted in part and refused in part

Orders

  • Leave to appeal granted only on ground No.2 concerning alleged wrongful representation by Giant Integrated Communications Limited
  • Appeal restricted to the legal consequences of that wrongful representation and to any effect on findings relating to mala fides, bad faith and conspiracy