Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty of fidelity and good faith
  • 16 Aug 2024

    GREEN LIGHT MULTIPLEX CO. LTD (formerly known as GREEN LIGHT MARKETING CO. LTD and GLM INTERNATIONAL LTD) v. LAM SHI YAN

    Citation
    [2024] HKCFI 2101
    Court
    Court of First Instance
    Case number
    HCA2294/2017

    The 1st defendant, as General Manager, owed fiduciary and implied contractual duties; he breached those duties by actively procuring Abacus to treat Pinetum as its exclusive distributor and by diverting a mature business opportunity (P533) to Automatic Limited, thereby causing provable loss to the plaintiff in the Univision, HKZM Bridge and P533 matters. Other claims (Discovery Park, Consignment Arrangement, portions of Happy Valley) were not sufficiently proved. The Employment Agreement ended on 7 November 2014; the plaintiff’s claim succeeds in part and the 1st defendant’s counterclaim succ…

    • Implied terms of employment contract
    • Duty of fidelity and good faith
    • Constructive dismissal
    • Breach of fiduciary duty
    • Inducement of third party to breach contract
    • Loss of chance