29 Jul 2022
YU TAI KEUNG TIM v. BILLION TOWN CORPORATE CONSULTANTS LTD
- Citation
- [2022] HKCFI 2360
- Court
- Court of First Instance
- Case number
- HCLA22/2020
The DPO erred in law by permitting a late fundamental amendment and by failing properly to apply estoppel and the Braganza good‑faith standard when treating Exhibit C‑8; Clause 1H must be construed to require that, for commission to be payable to a terminated employee, the provisional sale and purchase agreement must have been signed by the buyer before termination, so Mr Yu was not entitled to commission and his award was set aside, whereas errors concerning amendment and Exhibit C‑8 require Madam Wong's claim (including acceptance of Exhibit C‑8) to be remitted to the Labour Tribunal for re…