JADE FURS LIMITED v. GRAHAM WARBURTON

JADE FURS LIMITED v. GRAHAM WARBURTON

On the balance of probabilities the court accepted Mr. Warburton's account that there was an agreement on the terms he described and that Mr. Stewart's words and conduct on 5–6 July 1984 amounted to dismissal; the retention of the US dollar proceeds was not dishonest under the circumstances and judgment must be given for Mr. Warburton.

Citation
JADE FURS LIMITED v. GRAHAM WARBURTON
Parties
Plaintiff (second Action); Defendant (first Action): Graham Warburton; Plaintiff (first Action); Defendant (second Action): Jade Furs Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 1986
Case Number
HCA5707/1984
Procedural Posture
Civil Employment/contract Dispute / First Instance Judgment (high Court)
Outcome
Judgment for Mr. Graham Warburton (claimant in the second action)
Legal Topics
Wrongful Dismissal, Unpaid Salary, Oral Agreement for Shares/commission, Conversion of Company Funds, Set Off/money Had and Received
Source Language
EN
Employment Law Contract Law Company Law Tort (conversion) Wrongful Dismissal Unpaid Salary Oral Agreement for Shares/commission Conversion of Company Funds +1 more

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Parties

Graham Warburton

Plaintiff (second Action); Defendant (first Action)

Jade Furs Limited

Plaintiff (first Action); Defendant (second Action)

Procedural Posture

Civil Employment/contract Dispute / First Instance Judgment (high Court)

Legal Issues

  1. 1 Whether an enforceable oral contract existed setting salary at $8,500 with 1% of turnover and an eventual 10% share
  2. 2 Whether Mr. Warburton was dismissed by Mr. Stewart or resigned
  3. 3 Whether retention of the US dollar proceeds amounted to conversion or was a legitimate set-off in circumstances

Ratio Decidendi

On the balance of probabilities the court accepted Mr. Warburton's account that there was an agreement on the terms he described and that Mr. Stewart's words and conduct on 5–6 July 1984 amounted to dismissal; the retention of the US dollar proceeds was not dishonest under the circumstances and judgment must be given for Mr. Warburton.

Court Disposition

Judgment for Mr. Graham Warburton (claimant in the second action)

Orders

  • Judgment entered for Graham Warburton