17 Sept 2007
YEW SANG HONG LTD v. THE HONG KONG HOUSING AUTHORITY
- Citation
- YEW SANG HONG LTD v. THE HONG KONG HOUSING AUTHORITY
- Court
- Court of First Instance
- Case number
- HCCT79/2006
The strike out application succeeds because, as a matter of law, the plaintiff cannot establish any of the bases alleged: restitutionary recovery against the employer is precluded by the principle that one may not 'leapfrog' an immediate enrichee under an existing contract; no implied contract arises from the nomination/direct payment regime or the parties' conduct; and the retention monies are not held on trust because the contract (including GCC 83) allows the employer to retain or set off monies and there was no specific purpose creating a trust.