Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Master and servant

  • 4 Jun 1985

    HUNG KIN FAI, DAVID v. KOO KIN CHUNG AND ANOTHER

    Citation
    HUNG KIN FAI, DAVID v. KOO KIN CHUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA12207/1983

    The 1st Defendant was solely negligent in executing an abrupt U-turn without ascertaining safety; the 2nd Defendant was not vicariously liable because the 1st Defendant's use of the motorcycle exceeded any implied authority from the repair/test arrangement and constituted an unauthorised personal frolic; after completion of repairs and a short estate test drive the relationship was bailor-bailee not master-servant, so no principal liability arose.

  • 22 Jun 1979

    RE THOMAS CORD

    Citation
    RE THOMAS CORD
    Court
    Court of First Instance
    Case number
    HCMP676/1978

    The Court held the Secretary acted pursuant to unfettered contractual powers under the Memorandum and relevant regulations; the relationship was a contractual master and servant one not fettered by statute so certiorari does not lie against the Government/its agent and no public law duty to furnish further particulars or grant a hearing arose; the applicant's motion to quash the termination was dismissed with costs.