15 Nov 2024
GURUNG, SANJAYA MAN v. DELIVEROO HONG KONG LTD
- Citation
- [2024] HKDC 1932
- Court
- District Court
- Case number
- DCEC1738/2023
Applying the multifactorial indicia of employment to the undisputed Supplier Agreement and facts, the relationship was plainly and obviously that of an independent contractor not an employee; consequently the employees' compensation claim had no real prospect of success and was struck out. Separately, the Applicant was estopped/abusing process because he already accepted the maximum voluntary insurance payment, so pursuing employees' compensation would be vexatious and inconsistent with the prior convention, justifying strike out and costs against the Applicant.