TSUI KAI YUEN AND ANOTHER v. YEUNG WONG YUK LAN ALICE AND ANOTHER

TSUI KAI YUEN AND ANOTHER v. YEUNG WONG YUK LAN ALICE AND ANOTHER

On the facts the court found the relationship between the first plaintiff and Vincy was a contract of employment (not a contract for services), the payments labelled "consultation fees" were in substance salary, no material misrepresentation induced salary increases, the counterclaim failed, but part of the first plaintiff's cause of action arose within the exclusive jurisdiction of the Labour Tribunal under Cap.25 and thus was not actionable in the District Court.

Citation
TSUI KAI YUEN AND ANOTHER v. YEUNG WONG YUK LAN ALICE AND ANOTHER
Parties
1st Plaintiff: Tsui Kai Yuen; 2nd Plaintiff: Ka Yi Construction Co. (a firm); 1st Defendant: Yeung Wong Yuk Lan Alice; 2nd Defendant: Vincy Engineering & Transportation Co.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 1985
Case Number
DCCJ24595/1984
Procedural Posture
District Court Civil Action (contract/employment) / Judgment After Trial
Outcome
Judgment for 1st Plaintiff on the dishonoured cheque; counterclaim dismissed; claims of 2nd Plaintiff dismissed; part of 1st Plaintiff's claim excluded from District Court jurisdiction under Labour Tribunal Ordinance and must be pursued in the Labour Tribunal.
Legal Topics
Employment Status, Misrepresentation, Salary Arrears, Jurisdiction of District Court, Labour Tribunal Ordinance
Source Language
EN
Contract Law Employment Law Procedural Law Labour Tribunal Jurisdiction Employment Status Misrepresentation Salary Arrears Jurisdiction of District Court +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Tsui Kai Yuen

1st Plaintiff

Ka Yi Construction Co. (a firm)

2nd Plaintiff

Yeung Wong Yuk Lan Alice

1st Defendant

Vincy Engineering & Transportation Co.

2nd Defendant

Procedural Posture

District Court Civil Action (contract/employment) / Judgment After Trial

Legal Issues

  1. 1 Whether the relationship was a contract of service (employment) or a contract for services (consultancy)
  2. 2 Whether the first plaintiff made a misrepresentation about professional qualification inducing salary increases
  3. 3 Whether part of the plaintiffs' claims fell within the exclusive jurisdiction of the Labour Tribunal under Cap.25 and thus were not actionable in the District Court

Ratio Decidendi

On the facts the court found the relationship between the first plaintiff and Vincy was a contract of employment (not a contract for services), the payments labelled "consultation fees" were in substance salary, no material misrepresentation induced salary increases, the counterclaim failed, but part of the first plaintiff's cause of action arose within the exclusive jurisdiction of the Labour Tribunal under Cap.25 and thus was not actionable in the District Court.

Court Disposition

Judgment for 1st Plaintiff on the dishonoured cheque; counterclaim dismissed; claims of 2nd Plaintiff dismissed; part of 1st Plaintiff's claim excluded from District Court jurisdiction under Labour Tribunal Ordinance and must be pursued in the Labour Tribunal.

Orders

  • Judgment for 1st Plaintiff on the dishonoured cheque in the sum of HK$16500
  • Dismissal of the defendants' counterclaim for HK$15750