31 Oct 2006
FIRST INTERNATIONAL SUPPLIES LTD. AND ANOTHER v. KO SHIU MING STANLEY
- Citation
- FIRST INTERNATIONAL SUPPLIES LTD. AND ANOTHER v. KO SHIU MING STANLEY
- Court
- District Court
- Case number
- DCCJ3458/2005
On the totality of the evidence the judge found the payments were advances under a six‑month loan facility provided by Mr Roh (via First International) to fund a co‑venturing garment business; the defendant and his co‑director were co‑principals/co‑venturers (not employees), as evidenced by agreed shareholding/directorship, bank signatory status, conduct, absence of MPF/employer returns and the commercial context; accordingly the defendant was liable to repay HK$89,200 plus contractual/common law interest and First International was only a conduit so its claim was dismissed.