CHAN CHI LING ELWYN v. RICHFIELD REALTY LTD

CHAN CHI LING ELWYN v. RICHFIELD REALTY LTD

The appeal is allowed because the Deputy Presiding Officer failed to give adequate consideration and investigation to material and relevant evidence bearing on whether the parties intended the written contract to be the complete agreement and whether an oral project bonus term existed; the failure to sufficiently...

Source-derived case information.

Citation
CHAN CHI LING ELWYN v. RICHFIELD REALTY LTD
Parties
Claimant/respondent: Claimant; Defendant/appellant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2014
Case Number
HCLA9/2013
Procedural Posture
Labour Tribunal Appeal to Court of First Instance / Appeal Allowed and Remitted for Retrial
Outcome
Appeal allowed; determination set aside and matter remitted to the Labour Tribunal for retrial before a different adjudicator
Legal Topics
Bonus Entitlement, Oral Agreement, Parol Evidence Rule, Burden of Proof, Statutory Duty to Investigate, Witness Credibility
Source Language
en
Employment Law Contract Law Evidence Labour Tribunal Procedure Bonus Entitlement Oral Agreement Parol Evidence Rule Burden of Proof +2 more

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Parties

Claimant

Claimant/respondent

Defendant

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal to Court of First Instance / Appeal Allowed and Remitted for Retrial

Legal Issues

  1. 1 Whether an oral agreement existed obliging the defendant to pay project bonus of $100,000 per construction project
  2. 2 Whether extrinsic/oral evidence was admissible in light of the parol evidence rule
  3. 3 Whether the Labour Tribunal presiding officer misapplied the burden of proof

Ratio Decidendi

The appeal is allowed because the Deputy Presiding Officer failed to give adequate consideration and investigation to material and relevant evidence bearing on whether the parties intended the written contract to be the complete agreement and whether an oral project bonus term existed; the failure to sufficiently evaluate contemporaneous documents, reasons for delay in executing written contracts, tax/listing context of bonus payments and inconsistencies raised a legal error under the Tribunal's duty to investigate and justify interference; the proper remedy is to remit the matter to the Labour Tribunal for retrial before another adjudicator.

Court Disposition

Appeal allowed; determination set aside and matter remitted to the Labour Tribunal for retrial before a different adjudicator

Orders

  • Case remitted to the Labour Tribunal for retrial before another adjudicator
  • Costs order nisi: costs of the appeal (including reserved costs) to be paid by the claimant to the defendant to be taxed if not agreed, with certificate for two counsel