Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Special bonus entitlement

Legal area

Court

9 Feb 2007

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER

Citation

SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
Court

Court of Final Appeal
Case number

FACV9/2006

Clause 5 of the MoA, read in its commercial context, makes Mr Seeberger personally liable to pay the Special Bonus if Egana does not pay within 28 days of ESCT receiving monetary compensation exceeding US$10 million (failure to pay for any reason triggers the proviso); the MoA covers the arbitration and related proceedings so the global settlement fell within its scope; the best endeavours clause is not a condition precedent to bonus entitlement; the MoA is not champertous given respondent's genuine commercial interest and public policy considerations; however, there was insufficient evidence…
17 Jul 2001

MASS MUTURAL ASIA LTD. v. LAM KING MUI

Citation

MASS MUTURAL ASIA LTD. v. LAM KING MUI
Court

District Court
Case number

DCCJ16002/2000

Court found on the evidence that Defendant solicited the Plaintiffs agents, justifying termination; the written Memo unambiguously made Special Income repayable on termination or joining another insurer and the alleged oral variation did not alter repayment clauses, therefore Plaintiff was entitled to recover HK$386,868.00; Special Bonus was earned and not repayable because repayment was not provided for in the Memo or Letter and conduct of accounts showed the bonus was written off as earned.