3 Aug 2023
ACUMEN HONG KONG LTD v. KWAN PAK KEI LAWTON
- Citation
- [2023] HKCFI 2038
- Court
- Court of First Instance
- Case number
- HCA1246/2022
The counterclaim, while not frivolous on its merits because the termination letter was ambiguous and no clear consideration was shown, must be struck out for want of jurisdiction and as an abuse of process because monetary claims for breach of employment contracts fall within the Labour Tribunal's exclusive jurisdiction and the counterclaim in the CFI was not the subject of a valid transfer under s.10 of the Labour Tribunal Ordinance.