11 Jul 2013
RYDER INDUSTRIES LTD v. CHAN SHUI WOO
- Citation
- RYDER INDUSTRIES LTD v. CHAN SHUI WOO
- Court
- Court of First Instance
- Case number
- HCA109/2009
Although some breaches of PRC customs/admin rules occurred in performance (transfers of bonded goods and outsourcing from WFOE to CPE), the illegality was not of such character or proven causal nexus to the plaintiff's claim as to taint and render the Agreement unenforceable; parties shared responsibility, plaintiff did not base claim on illegal acts, guarantee is binding; therefore plaintiff entitled to recover the contractual Running Balance with agreed interest, lien over machinery valid, maintenance claim failed, and counterclaims dismissed.