4 Aug 2008
KO HON YUE v. LIU CHING LEUNG AND OTHERS
- Citation
- KO HON YUE v. LIU CHING LEUNG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3494/2003
The plaintiff's claim was dismissed primarily because (1) the action constituted an abuse of process — the substantive claims could and should have been raised in the earlier Labour Tribunal proceedings which were settled by consent; and (2) the 1st defendants were wrongly sued as personally liable parties since the School was not a legal entity and the evidence established the management acted as agents of the sponsoring body; additionally, the Code of Aid was not incorporated into the individual employment contract and the employment was annual/fixed‑term (deemed monthly after unsigned minu…