In brief Victims of cyber fraud have been using vesting orders â a means of direct recovery for victims of fraud â to recover stolen funds from fraudsters and subsequent recipients. Â Often applied concurrently with a default judgment, vesting order is thought to be a convenient alternative to garnishee proceedings.…
A recent High Court decision in Yung Wai Tak Abraham William v. Natural Dairy (Nz) Holdings Ltd (in Provisional Liquidation) (17/08/2020, HCLA26/2018) [2020] HKCFI 2067 (âDecisionâ) held that a Hong Kong listed company and its wholly owned subsidiary were joint employers of the appellant whose main job was to serve the listed company as its company secretary, notwithstanding that the written employment contract was solely made with the subsidiary. The parent company was held liable for, inter alia, unpaid wages, statutory severance payment and payment in lieu of notice owed to the appellant by the subsidiary. In coming to its conclusion, the court applied the âoverall impressionâ test set down by the Court of Final Appeal in Poon Chau Nam v Yim Siu Cheung,1 taking into account all relevant features of the partiesâ relationship, including the proper interpretation of the written employment contract, the recruitment process, the services provided by the employee to the companies involved, the employerâs confession, and other contemporaneous documentary evidence.
In brief With the slowdown in economic activity globally due to COVID-19, the number of cyber fraud cases from around the world has surged. The Hong Kong Police, the Action Fraud (UKâs National Fraud & Cyber Crime Reporting Centre), and the Australian Cyber Security Centre, have all recorded a significant…