2 Sept 2005
YEUNG MAN TSAN v. FAMOUS DRAGON ENGINEERING LTD AND OTHERS
- Citation
- YEUNG MAN TSAN v. FAMOUS DRAGON ENGINEERING LTD AND OTHERS
- Court
- District Court
- Case number
- DCEC595/2003
Court found on balance that Ms Ng, who conducted recruitment and made statutory admissions in Form 2s and a declaration, acted with subjective intention to employ the Applicant for R1 and that R1 held an insurance policy covering such workers; therefore R1 was employer. Independently, R3 was also employer by estoppel because R3’s recruitment poster and conduct clothed Ms Ng with apparent authority. Consequently R1 and R3 are jointly and severally liable; R2 (insurer) intervenor fails on liability issue and costs follow the event.