23 Mar 2004
LI CHUN KIT v. PACIFIC WING SHING AIR DUCT CO LTD AND ANOTHER
- Citation
- LI CHUN KIT v. PACIFIC WING SHING AIR DUCT CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCLA74/2003
The Commission Document explicitly defined 'annual sales invoice amount' as 'the total amount of sales invoices which have been settled at the end of each financial year'; 'settled' in that contractual context means paid. Therefore the Presiding Officer erred in treating turnover (invoiced but unpaid amounts) as the basis for commission; commission is payable only on invoices actually paid by the year end. The appeal is allowed and the award based on the contrary construction is set aside.