Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remuneration/commission
  • 6 Mar 2026

    CAIDAO CAPITAL LTD v. HARMEN CHRISTIAAN OVERDIJK AND OTHERS

    Citation
    [2026] HKCFI 1326
    Court
    Court of First Instance
    Case number
    HCA2114/2017

    Monthly HK$100,000 payments were wages/commission; parties validly varied TFRS revenue split to 80/20 effective 1 Jan 2016; there was no consensus that entitlement to TFRS would be lost if an audit was not 'passed'; the Complyport/S2-related audit was not sufficiently independent to defeat TFRS entitlements; Overdijk was entitled to claim constructive dismissal for non-payment; AIC is entitled to HK$316,000 under the agreed payment schedule; plaintiff's claims for repayment of monthly payments and other alleged losses fail; further limited hearing is required to resolve defendants' quantum gi…