Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forum/choice of forum

Legal area

Court

10 Jul 2020

POON CHO FAI v. EAST PACIFIC (HOLDINGS) LTD

Citation

[2020] HKCA 559
Court

Court of Appeal
Case number

CAMP2/2020

Leave to appeal was refused because the judge applied the correct legal principles to the facts, the Mainland judgments did not adjudicate the plaintiff's distinct common law claims against the defendant, the defendant failed to discharge the burden of proving abuse, and the judge's discretionary balancing was within the permissible range; accordingly there was no reasonable prospect of success on the intended appeal.
25 Mar 1994

MATHESON PFC LIMITED v. SIMON JANSEN

Citation

MATHESON PFC LIMITED v. SIMON JANSEN
Court

Court of First Instance
Case number

HCA8703/1992

The definition of "contract of employment" in s.2 of the Labour Tribunal Ordinance, which covers agreements "wherever the services are to be rendered", includes contracts performed outside Hong Kong; the Schedule reference to performance in Hong Kong or under Cap.78 was not intended to limit that definition. Therefore the plaintiff's claim falls within the exclusive jurisdiction of the Labour Tribunal and the court should not entertain the action.