Hong Kong Case Law: Decisions & Judgments

Topic

Personal service contracts

Legal area

Court

27 Oct 2015

EASTERN ATHLETIC ASSOCIATION FOOTBALL TEAM LTD v. ALESSANDRO FERREIRA LEONARDO

Citation

EASTERN ATHLETIC ASSOCIATION FOOTBALL TEAM LTD v. ALESSANDRO FERREIRA LEONARDO
Court

Court of First Instance
Case number

HCA2383/2015

The application for an interlocutory injunction was dismissed because granting it would effectively compel specific performance of a personal service contract (forcing the defendant to play for the plaintiff) and, alternatively, the plaintiff's delay in seeking relief fatally undermined its claim of irreparable harm; either ground alone sufficed to refuse relief.
12 Nov 2012

HA SAU MEI WINNIE v. NG WAI WING AND ANOTHER

Citation

HA SAU MEI WINNIE v. NG WAI WING AND ANOTHER
Court

Court of Appeal
Case number

CACV258/2011

Court of Appeal upheld the trial judge on agency and non-personal nature of the agreements and that judicial interventions did not deny a fair trial; allowed appeal in part: ordered judgment for defendants on their counterclaim for the 2nd and 3rd instalments totalling HK$400,000 (while preserving the trial judge's deduction against the Vogue Sum) and varied the defendants' repayment obligations under Clause C to HK$250,000 and HK$434,000 respectively; otherwise affirmed the trial judgment and ordered costs largely for the plaintiff (90%).
6 Feb 2007

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI

Citation

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI
Court

Court of First Instance
Case number

HCA2058/2005

Interlocutory injunction refused because enforcement would amount to compelling the defendant to continue a personal services agency relationship involving special skill and mutual trust that has broken down; plaintiff's delay and the balance of convenience (prejudice to defendant and imminent trial) further disfavor injunctive relief. Anti-suit injunction refused because contract contained a non-exclusive Hong Kong forum clause, defendant had legitimate grounds to sue in Shanghai and there was no bad faith or need to protect Hong Kong proceedings.

Hong Kong Case Law

EASTERN ATHLETIC ASSOCIATION FOOTBALL TEAM LTD v. ALESSANDRO FERREIRA LEONARDO

HA SAU MEI WINNIE v. NG WAI WING AND ANOTHER

WORTH ACHIEVE ASSOCIATES LTD v. HUANG SHENG YI