Hong Kong Case Law: Decisions & Judgments

Topic

Remuneration

Legal area

Court

25 Jun 2021

RE H12 (HK) LTD

Citation

[2021] HKCFI 1836
Court

Court of First Instance
Case number

HCCW92/2020

Petitioner proved the Salary Claim with supporting documents and the Company failed to show a bona fide dispute on substantial grounds in respect of that claim; therefore Petitioner is a creditor entitled to present the petition. The Company admitted insolvency by its own pleaded position and facts; no reason existed to allow the Company to continue as a going concern. A winding-up order was appropriate and made, with costs to be taxed and paid out of the Company's assets.
9 Mar 2011

CHUNG MEI INDUSTRIES LTD v. SO KWOK KEUNG

Citation

CHUNG MEI INDUSTRIES LTD v. SO KWOK KEUNG
Court

Court of First Instance
Case number

HCA2604/2005

The written employment agreement unambiguously limited 'Net Profit' to the audited profit of Chung Mei Industries Limited; expert accounting evidence demonstrated that the audited result was below the contractual thresholds despite a qualified audit opinion, therefore the defendant was contractually liable to repay the advance commission of HK$2,925,000.
27 May 2010

CHOY PO CHUN AND ANOTHER v. AU WING LUN

Citation

CHOY PO CHUN AND ANOTHER v. AU WING LUN
Court

Court of First Instance
Case number

HCAP7/2010

Given the parties' acrimonious relationship and the risk that limiting powers would produce frequent applications for directions, the court exercised its discretion under S.40(3) PAO and appointed Hang Seng Bank (Trustee) Limited with the full rights and powers of a general administrator under S.40(2) PAO, subject to court control; ordered periodic reporting and allowed reasonable administration fees; awarded costs in the cause and granted a certificate for counsel.
7 Jul 2006

R.A. STEGEMANN v. WISE POWER FAR EAST LTD AND OTHERS

Citation

R.A. STEGEMANN v. WISE POWER FAR EAST LTD AND OTHERS
Court

Court of First Instance
Case number

HCA282/2005

The Registrar concluded the plaintiff's core contractual claims (unpaid remuneration and damages for wrongful repudiation) raised triable issues of fact and could not be struck out; the 3rd defendant was improperly joined with no cause of action and claims D and E for collateral damages were unsustainable and dismissed; the application for security for costs was refused after balancing the interests of the parties and noting bona fides of remaining claims.
28 Dec 2000

MANG JOHN CHUNG YUEN v. SUMMIT MOTORS (CHINA) LTD.

Citation

MANG JOHN CHUNG YUEN v. SUMMIT MOTORS (CHINA) LTD.
Court

Court of First Instance
Case number

HCA227/1999

The written employment documents establish the plaintiff's remuneration package as including basic salary, guaranteed bonus and completion bonuses with share participation making up the approximate HK$1.5m figure; the three specified mainland facilities (Chengdu, Qingdao, Hangzhou) were completed within the contract meaning and entitled the plaintiff to completion bonuses; termination by notice or payment in lieu was permitted and therefore no wrongful deprivation implied-term claim succeeded for the other three sites; the defendant failed to prove its counterclaim for alleged advances.
8 Dec 1998

HECNY TRANSPORTATION (THAILAND) LTD. v. TAM SUET FONG, AMEDEO

Citation

HECNY TRANSPORTATION (THAILAND) LTD. v. TAM SUET FONG, AMEDEO
Court

Court of First Instance
Case number

HCA12507/1997

Service was valid because the Hong Kong address was the defendant\'s last known address and the registered packet was properly collected; on the merits the defendant\'s assertion of separate contractual entitlements was implausible and amounted to a sham, therefore the default judgment was properly obtained and the appeal fails.
9 Dec 1996

NECKEL NILS v. DUAL VOLTAGE CO. LTD.

Citation

NECKEL NILS v. DUAL VOLTAGE CO. LTD.
Court

Court of First Instance
Case number

HCLA110/1996

A non-accountable housing allowance paid under the contract is consideration for services and falls within the statutory definition of 'wages' under the Employment Ordinance; the statutory exclusion for 'the value of any accommodation provided by the employer' applies to benefits in kind, not to actual monetary housing allowances, so the housing allowance must be included in wages in lieu of notice.
19 Apr 1996

HAROLD DEAN ARCHER v. THE HONG KONG CHANNEL LTD.

Citation

HAROLD DEAN ARCHER v. THE HONG KONG CHANNEL LTD.
Court

Court of First Instance
Case number

HCLA12/1996

The presiding officer properly exercised his discretion to transfer the whole action to the High Court because the respondent raised bona fide allegations of breaches of duty and set-off that require formal investigation of complex company records and legal issues, and the appellant's hardship and delay concerns do not outweigh the need for a proper hearing.