28 Apr 2023
HELMS-MAN TRANSFORMERS COMPANY LTD AND ANOTHER v. TOY STATE INTERNATIONAL LTD
- Citation
- [2023] HKDC 541
- Court
- District Court
- Case number
- DCCJ135/2019
The oral guarantee was proved and evidenced by contemporaneous emails and the guarantee letter; it was supported by valuable consideration (P2's agreement to revive delivery and vary payment terms); Shenzhen Nanling repudiated the revived contracts and P2 validly accepted repudiation and mitigated reasonably; the defenses of estoppel by convention and foreign illegality fail because no common assumption existed with D1 and any alleged PRC VAT contraventions were minor/administrative and not of sufficient seriousness to render the contracts unenforceable; accordingly judgment for plaintiffs fo…