Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Illegality of contract performance

Legal area

Court

11 Jul 2013

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD

Citation

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD
Court

Court of First Instance
Case number

HCA2358/2007

The Agreement and its variations were enforceable in Hong Kong. Although some aspects of performance breached PRC administrative/customs rules, those breaches were primarily administrative, shared between parties, not iniquitous, and did not taint the contract so as to bar enforcement; Saitek proved entitlement to HK$6,502,555.15, interest at BLR+1% from 1 Sept 2007, the guarantee by Chan is enforceable, and Saitek validly retained Timely's machinery by way of a particular lien, so Timely's counterclaims fail.
4 Apr 1997

Cantojos Ricardo Hipol v. Jaffar Hussain

Citation

Cantojos Ricardo Hipol v. Jaffar Hussain
Court

Court of First Instance
Case number

HCLA137/1996

On the facts found by the Labour Tribunal — that the contract was illegal as performed and that the employee was equally reprehensible as the employer — the court must refuse relief because granting assistance would countenance illegality; the Tribunal's factual findings could not be disturbed on appeal.