16 Dec 2015
RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO
- Citation
- RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. CHAN SHUI WOO
- Court
- Court of Final Appeal
- Case number
- FACV12/2015
Appeals dismissed. Applying conflict of laws principles, the contracts governed by Hong Kong law were enforceable in Hong Kong because (i) performance in accordance with the contract was not shown to be necessarily illegal under PRC law, (ii) there was no finding that the parties entered the agreements with a common intention to breach PRC law, and (iii) the proven breaches were incidental, administrative, not sufficiently serious or iniquitous to offend Hong Kong public policy or warrant denial of relief; accordingly Ryder’s claims were enforceable and the guarantor’s liability stood.