83. The evidence from Cathay’s own staff as to the “negative attitude” of given Plaintiffs was itself vague and unparticularised. The following passage from the Witness Statement of Mr. Sherman Lam of Crew Control (which came in as evidence by agreement of the parties without the need to call Mr. Lam) was typical:-
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84. Mr. Lam’s statement amounts to no more than embarrassing assertion and name-calling. No specific details are mentioned, so that it was impossible for the Plaintiffs concerned to rebut the same at trial. The statement was of no help to the Court at all.
85. Mr. Rhodes himself candidly admitted that Cathay lacked hard proof in relation to the Plaintiffs’ alleged “conduct”.