14 Mar 2005
TANG KWAI MING v. YEE SUN GARDEN LTD AND OTHERS
- Citation
- TANG KWAI MING v. YEE SUN GARDEN LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI607/2004
The court held that the pleaded implied terms as to safe transportation and precautions against known risks were arguable against the 3rd defendant because transport was provided and terms could be implied from the nature of the employment relationship; accordingly the strike out as to the 3rd defendant was set aside and amendment allowed. Conversely, the claim against the 4th defendant was dismissed as frivolous and vexatious because evidence (including plaintiff's own statement and Form 2) established the 3rd defendant was the employer and there was no admissible evidence of an employment r…