27 Nov 2020
YUM SIU WAH v. AUTO ITALIA LTD
- Citation
- [2020] HKCFI 2965
- Court
- Court of First Instance
- Case number
- HCLA14/2018
Tribunal's factual findings were supported by the evidence: clause 5 did not by its terms extinguish rest day rights and fell within consensual arrangements under EO s20; commission entitlement accrues on completion of transaction absent express contractual provision to the contrary; where deposits were refunded the defendant derived no benefit and no commission accrued; alternative implied term and equity arguments were unrealistic; therefore appeal dismissed.