5 Aug 2021
FONG CHAK KWAN v. ASCENTIC LTD AND OTHERS
- Citation
- [2021] HKCA 1138
- Court
- Court of Appeal
- Case number
- CACV358/2020
The Court accepted the majority approach that Order 11 r 1(1)(f) must be read in its ordinary meaning and that it is sufficient that the claimant suffered significant damage in Hong Kong (Gateway F satisfied); however the Court found the Judge erred on gateways (C) and (D): the 1st defendant was not shown to be an employer on the material and Hong Kong was not established as the governing law of the Employment Contract; notwithstanding those errors the exercise of forum conveniens and other considerations justified maintaining the leave to serve out and the Yu Order; the Board's appeal was di…