16 May 2008
WONG KIN SHUN v. SHAM CHI KIN
- Citation
- WONG KIN SHUN v. SHAM CHI KIN
- Court
- District Court
- Case number
- DCEC535/2005
On the totality of the factual matrix the court found the parties acted as co-venturers/partners for the sub-contract: they jointly inspected the site, agreed a written quotation for HK$55,000, shared responsibilities, contributed equipment, recruited workers, and divided net profit; payments made corresponded to profit shares rather than wages; accordingly Applicant was not an employee and the compensation claim was dismissed (the court also found on balance that the alleged 2nd accident did not occur as pleaded).