22 Sept 2014
RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS COMPANY LTD
- Citation
- RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS COMPANY LTD
- Court
- Court of Appeal
- Case number
- CACV165/2013
The Court held that although parts of the Agreement's performance contravened PRC law (2nd and 4th illegality), Saitek did not rely on illegal performance for its claims and the illegality was shared and not sufficiently serious; applying the proportionality test the contract should be enforced. Saitek failed to prove particulars to sustain a particular lien; Timely succeeds on its counterclaim for wrongful detention (RMB569,000) and that sum is to be set off against Saitek's judgment; costs are apportioned 50% at trial and appeal costs awarded 50% to Saitek.