Read the full judgment text of HCCT 64/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 January 2023 before Deputy High Court Judge Jonathan Chang SC.
Construction and arbitration proceedings — subcontract dispute between plaintiff and defendants over employer identity — plaintiff claims 1st defendant as employer, defendants contend 2nd defendant employed plaintiff — triable issue on factual determination of contracting party — application for interim payment dismissed for failure to satisfy absence of arguable defence as per Binchuang Resources Co Ltd v Lockwood Group Ltd — importance of testing staff roles, communications and legal advice behind demand letters — costs ordered against plaintiff summarily assessed at HK$350,000 — substantive trial to resolve employer identity and counterclaims to proceed.
Legal issues: Identity of the plaintiff’s employer · Interim payment application test
Outcome: Plaintiff’s application for interim payment dismissed; plaintiff ordered to pay defendants’ costs.
Cites 2 cases