Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Employment ordinance s43c/s43f

Legal area

Court

26 Feb 2021

BRILLIANT (MAN SAU) ENGINEERING LTD v. BRILLIANT STEEL ENGINEERING LTD AND ANOTHER

Citation

[2021] HKDC 252
Court

District Court
Case number

DCCJ5938/2019

The judge accepted the documentary evidence (loan agreements, bank advices, receipts) and concluded Hok Wa failed to demonstrate a credible defence with a real prospect of success, including failing to rebut apparent or actual authority of Mr Wong; payments to workers under the Employment Ordinance are recoverable as a debt under s43F; accordingly the master’s order setting aside the default judgment was wrong and the default judgment was restored with the specified variation as to the EO sum and interest; costs ordered to follow the event.
27 Oct 2017

POLLARD CONSTRUCTION CO LTD v. LEE KWONG KONG and TO CHUN YIN t/a HUNG CHONG (FOUNDATION) CONSTRUCTION CO

Citation

POLLARD CONSTRUCTION CO LTD v. LEE KWONG KONG and TO CHUN YIN t/a HUNG CHONG (FOUNDATION) CONSTRUCTION CO
Court

District Court
Case number

DCCJ5635/2016

The court stayed the proceedings and referred the plaintiff's claim to arbitration because Clause 20(i) is a valid and sufficiently wide arbitration agreement covering claims 'in connection with' the Sub-contract; there exists a real dispute since the defendant has not admitted liability to the plaintiff; and under s20 of the Arbitration Ordinance the court must stay and refer such disputes to arbitration. Costs were awarded to the defendant on an indemnity basis.