8 Oct 2021
HEBEI HUANENG INDUSTRIAL DEVELOPMENT CO LTD v SHI [2021] NZHC 2687
- Citation
- [2021] NZHC 2687
- Court
- High Court
Summary judgment was dismissed because the defendant raised arguable defences that preclude a finding that there is no real question to be tried: (1) credible expert and factual material supports an arguable contention that PRC courts (and/or judicial committees) may lack the independence and impartiality required for recognition at common law or that natural justice may have been compromised, and (2) disputed issues of PRC substantive law and fact (the 'property first' principle, waiver, preservation of collateral and priority of enforcement against Detai) mean the Hebei judgment may not be…