23 May 2012
LAU MUNG LAM v. ICHI STAR LTD formerly known as CARS\' MATE LTD AND ANOTHER
- Citation
- LAU MUNG LAM v. ICHI STAR LTD formerly known as CARS\' MATE LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3238/2009
On the facts the cumulative presence of indicia (same premises, fixtures, customer files, partial staff re-employment, servicing of same customers and continuation of business) established a transfer of the business from the 1st defendant to the 2nd defendant under the Ordinance; the plaintiff did not validly accept a substitute contract on 13 April 2009, therefore the 2nd defendant is liable as transferee under s3 and plaintiff is entitled to damages equal to the unused value of the prepaid packages (HK$278,969), interest and costs as ordered.