29 Aug 2008
HELSKENS, JAN BERT JULIA v. AXA INTERNATIONAL LTD
- Citation
- HELSKENS, JAN BERT JULIA v. AXA INTERNATIONAL LTD
- Court
- Court of First Instance
- Case number
- HCA1348/2005
On an overall appraisal of the contractual terms and the factual matrix the claimant was an independent contractor (not an employee), giving the Court jurisdiction; the Defendant was justified in summarily terminating the contract for fundamental breach (establishing a rival business and poaching senior staff), so no notice or pay in lieu was due; outstanding remuneration and expenses were assessed on the Defendant's ROI calculations and records (awarding US$15,834 for 2004, US$2,633 for 2005, and expenses awarded), and the EUR 500,000 advanced was a loan made by the Defendant (not Mr Lam per…