ARZADON EDEN SARCEDA v. WONG KIT YI KITTY

ARZADON EDEN SARCEDA v. WONG KIT YI KITTY

Leave to appeal dismissed because the Labour Tribunal's factual findings were supported by documentary and oral evidence and involved no error of law; the $1,000 claim was barred by a binding settlement; and the remaining medical and miscellaneous claims were not contractually covered.

Source-derived case information.

Citation
ARZADON EDEN SARCEDA v. WONG KIT YI KITTY
Parties
Claimant: Arzadon Eden Sarceda; Defendant: Wong Kit Yi Kitty
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2003
Case Number
HCLA37/2003
Procedural Posture
Appeal to High Court From Labour Tribunal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Wrongful Deduction of Wages, Resignation, Settlement Agreement, Medical Expenses, Leave to Appeal, Findings of Fact
Source Language
en
Employment Labour Civil Procedure Wrongful Deduction of Wages Resignation Settlement Agreement Medical Expenses Leave to Appeal +1 more

Source-derived case record

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 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Arzadon Eden Sarceda

Claimant

Wong Kit Yi Kitty

Defendant

Procedural Posture

Appeal to High Court From Labour Tribunal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the Claimant was entitled to arrears of wages, annual leave pay, free passage and travelling allowance
  2. 2 Whether the $1,000 alleged wrongful deduction was recoverable despite a prior settlement
  3. 3 Whether claimed medical expenses fell within contractual provision (clause 9)

Ratio Decidendi

Leave to appeal dismissed because the Labour Tribunal's factual findings were supported by documentary and oral evidence and involved no error of law; the $1,000 claim was barred by a binding settlement; and the remaining medical and miscellaneous claims were not contractually covered.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • No order as to costs