Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforcement of contracts
  • 22 Sept 2014

    RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO

    Citation
    RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO
    Court
    Court of Appeal
    Case number
    CACV164/2013

    The Court held that the illegality defence failed because Saitek did not rely on illegal performance and, applying a proportionality/public policy analysis, it would be disproportionate to refuse enforcement of the contractual payment claims; however Saitek failed to prove particulars and sums required for a particular lien so Timely's counterclaim succeeded for RMB569,000 which was to be set off against the judgment sums; costs were varied to reflect the outcome.