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Hong Kong decisions
Decisions matching the current search
The appeal challenged a Master’s procedural directions in an examination of judgment debtor. Cheng J held the Master could adjourn to hear Legal Aid’s position and dismissed the appeal.
The court dismissed Caidao Capital’s claims, held the monthly payments were wages, found an 80/20 TFRS variation, and entered judgment for AIC for HK$316,000.
The Court of First Instance refused leave to appeal in a Labour Tribunal matter concerning long service payment, finding no arguable legal error in the tribunal’s reasoning.
The Court of First Instance refused leave to appeal from the Labour Tribunal, finding no arguable error of law, no bias, and no basis to disturb costs.
Court accepted claimant proved he sustained injury in the course of employment on 8 November 2021, found an employment relationship between claimant and first respondent based on control, tools provision, incapacity to hire helpers and payment practice, held the fifth respondent was a principal contractor liable under s24(1), dismissed liability of fourth respondent, set aside the default judgment against the third respondent for lack of evidential basis, and awarded assessed compensation of HKD 48,055 plus interest against first, second and fifth respondents jointly and severally.
Source excerpt
High Court appeal from a Labour Tribunal award was allowed because the presiding officer applied the wrong evidential approach to a summary dismissal dispute.
The Court of First Instance dismissed the Defendant’s leave applications, holding the review was out of time under the Labour Tribunal Ordinance and the intended appeal had no merit.
The Court of Appeal dismissed an application to set aside a refusal of leave to appeal from the Labour Tribunal, holding that section 32(3) barred the route sought.
The Court of First Instance considered whether a winding-up petition based on a Labour Tribunal award for unpaid wages could be resisted by cross-claims, and ordered payment within 14 days.
High Court appeal in a labour dispute: the wage-deduction and overtime issues were remitted for retrial, while the annual leave claim was dismissed.
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