LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER

LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER

On the balance of probabilities the relationship between Mr Lee and QTL after 1 March 2007 was one of employment; the payments labelled as 'loans' were in substance salary/consideration for services and not repayable as personal loans; therefore Mr Lee was entitled to salary arrears, termination pay and reimbursement, QTL was entitled to limited telephone charge recovery, and LST owns the Source Code and is entitled to possession.

Citation
LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER
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
DCCJ2586/2008
Procedural Posture
Civil Actions (dccj 4116/2007 and DCCJ 2586/2008) Tried Together / Trial Judgment Handed Down 11 May 2011
Outcome
Claim by Mr Lee in DCCJ 2586 allowed in part: award of $61,302.27; QTL counterclaim allowed for $1,075.21; net payment due from QTL to Mr Lee $60,227.06 with interest at judgment rate from date of Writ; declaration that LST is owner of the Source Code and entitled to possession; LST's counterclaim for payment in...
Legal Topics
Employment Status, Salary Arrears, Loan V Salary Characterisation, Termination Payments, Notice and Payment in Lieu, Possession of Source Code, Counterclaims, Costs
Source Language
EN
Employment Law Contract Law Company Law Intellectual Property Debt Recovery Employment Status Salary Arrears Loan V Salary Characterisation +5 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 Actions (dccj 4116/2007 and DCCJ 2586/2008) Tried Together / Trial Judgment Handed Down 11 May 2011

Legal Issues

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

Ratio Decidendi

On the balance of probabilities the relationship between Mr Lee and QTL after 1 March 2007 was one of employment; the payments labelled as 'loans' were in substance salary/consideration for services and not repayable as personal loans; therefore Mr Lee was entitled to salary arrears, termination pay and reimbursement, QTL was entitled to limited telephone charge recovery, and LST owns the Source Code and is entitled to possession.

Court Disposition

Claim by Mr Lee in DCCJ 2586 allowed in part: award of $61,302.27; QTL counterclaim allowed for $1,075.21; net payment due from QTL to Mr Lee $60,227.06 with interest at judgment rate from date of Writ; declaration that LST is owner of the Source Code and entitled to possession; LST's counterclaim for payment in...

Orders

  • Award to Mr Lee in DCCJ 2586: $61,302.27
  • QTL counterclaim allowed: $1,075.21