Read the full judgment text of HCCT000115/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 November 1998 before The Hon Mr Justice Findlay.
Arbitration — Employment contract — Joint venture agreement — Liability for unpaid wages — Interpretation of clauses 2.4 and 6.1 — Whether plaintiffs liable for wages owed by Cheerline — Scope of arbitrator’s jurisdiction — Respondent's notice seeking to uphold award on new grounds — Clause 3.1(o) on unanimous approval for remuneration changes — Implied terms — Obviousness test — Court held no liability under joint venture agreement clauses for unpaid wages; arbitrator’s reasoning flawed. Respondent’s new grounds outside arbitration scope and without merit; court declined to consider. Award set aside in part; costs ordered accordingly.
Legal issues: Whether plaintiffs liable for unpaid wages under joint venture agreement clauses · Whether the award could be upheld on respondent's notice based on clause 3.1(o) or implied term
Outcome: Award set aside in part; leave to rely on respondent's notice declined