27 May 2015
TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER
- Citation
- TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV156/2013
The Master’s factual findings that the plaintiff was an unreliable witness and that there was no corroborating evidence for an overtime entitlement were entitled to be preferred; therefore no adverse inference should be drawn and no award for unpaid overtime was made; the multiplicand based on likely alternative employment appropriately reflected loss of earnings and subsumed any claim for loss of earning capacity; the appeal was without merit and, given the defendants' Sanctioned Offer, indemnity costs from 15 August 2014 were appropriate.