26 Jul 2024
Leave to appeal was refused because the defendant's grounds did not demonstrate any palpable or plain error in the primary judge's findings of fact, the newly advanced explanations and evidence fail the Ladd v Marshall criteria and are self‑serving, and there was no other factor making it in the interests of justice to grant permission.
2 Nov 2015
On the balance of probabilities the court accepted the plaintiff’s witnesses and documentary analysis over Leung’s inconsistent and evasive evidence; found Leung presented false Siu Lam invoices, converted and misappropriated sums from the 825 and joint accounts, breached fiduciary duties and caused the IRD penalty; rejected Leung’s alleged Commission and IRD indemnity agreements and his loan claim; awarded Raytech HK$12,428,174.90 plus interest and costs and dismissed Leung’s claims in the second action.
2 Nov 2015
On the balance of probabilities the defendant misappropriated specified sums from company accounts, converted company funds and presented false Siu Lam invoices thereby breaching fiduciary duties; those breaches caused the company to incur a tax penalty for which the defendant is liable; the defendant's counterclaims based on alleged oral commission and IRD reimbursement agreements and the loan claim were not proven and are dismissed.
14 Feb 2008
The trial judge's factual findings, including preference for the defendant's account on commission terms and rejection of the plaintiff's oral Rider agreement, were not shown to be plainly wrong; therefore the appeal was dismissed and only the drafting of the account order was varied to reflect the judge's findings on which files and periods commissions were payable.
31 Mar 2006
The court rejected the plaintiff's evidence as not credible and found no agreement to pay commission; the defendant was not entitled to summarily dismiss on 1 September 2004 because it failed to provide sufficient particulars, but termination with one month's notice on 18 August 2004 stood; consequently the plaintiff was awarded salary in lieu for the unexpired notice period and accrued leave totaling HKD 8,800 plus interest, and partial costs in her favour.