14 Apr 1981
LAM LAP v. LEE TANG-WAN AND ANOTHER
- Citation
- LAM LAP v. LEE TANG-WAN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV29/1981
Majority held that Labour Tribunal Ordinance s.7(1) gives the Labour Tribunal exclusive jurisdiction over claims in the Schedule (including disputed wage claims) and thereby ousts the Bankruptcy Court from adjudicating contested wage claims or even inspecting them under s.9(5) or s.97 of the Bankruptcy Ordinance; accordingly the Court of Appeal dismissed the appeal. Li J.A. dissented, holding the Bankruptcy Court retained power under s.97 to determine preliminary factual issues (existence of employment and responsibility for wages) and could use s.9(5) to stay and refer matters to the Tribuna…