Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Contract backdating
  • 26 Apr 2023

    BLACK MARBLE SECURITIES LTD v. LEE YAN CHI

    Citation
    [2023] HKCFI 1084
    Court
    Court of First Instance
    Case number
    HCA920/2020

    The court found on the balance of probabilities that the Broker Agreement was signed around the end of August 2016 and backdated to 31 August 2015, that an oral assurance about wage deductions was made but was not a binding agreement (no consideration and made separately), and that Clause 9(1) remained enforceable and was not void under the Employment Ordinance or otherwise invalid; consequently plaintiff was entitled to judgment with credit for amounts withheld and adjustment for an interest-rate mistake; defendant's counterclaim failed.