Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Counterclaim for goods sold
  • 18 May 2001

    CHAN YU LEUNG v. WU HOK BIU AND ANOTHER

    Citation
    CHAN YU LEUNG v. WU HOK BIU AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA8921/1998

    The court found as a matter of fact that the parties carried on the Linkful business in common with a view of profit and therefore a partnership existed under Partnership Ordinance s.3(1) and s.4(c); payments recorded as "salary" were accepted as salary rather than advance commission and the plaintiff was entitled to salary at HKD 15,000 per month up to 31 August 1997 (one month in lieu of notice), reimbursement of HKD 8,000 and HKD 6,000, disallowed year‑end bonus claims for lack of agreement, reduced the 1st defendant's counterclaim to a 15% markup on HKD 19,521 (HKD 22,966) and ordered an…