Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Application to strike out

Legal area

Court

18 Mar 2005

YUEN OI YEE LISA v. HEATH CO LTD AND OTHERS

Citation

YUEN OI YEE LISA v. HEATH CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2038/2004

The letters exchanged on 20 May and 26 May 2003 and the apology letter of 24 May 2003, read plainly, constituted a full and final settlement of any claim by the plaintiff against the 1st defendant in relation to contact with all three ex-employers; without prejudice communications could not be used to contradict the clear written terms, and therefore leave to appeal was refused and costs ordered to the 1st defendant.
15 Jun 2004

GOLDEN BRICK INVESTMENT CO LTD v. LIN WU SANG

Citation

GOLDEN BRICK INVESTMENT CO LTD v. LIN WU SANG
Court

Lands Tribunal
Case number

LDBM61/2004

Section 8(8A) of the Lands Tribunal Ordinance grants the Lands Tribunal jurisdiction to determine claims transferred to it from the Small Claims Tribunal under s7, and that jurisdiction in respect of these transferred claims is sufficient to defeat the respondents' strike-out application; although the statutory definition of 'manager' generally excludes an ex-manager for purposes of s45(4)(e), the Tribunal retained jurisdiction to determine these transferred claims and consequently the strike-out application was dismissed.