7 Nov 2016
NEW ZEALAND BASING LIMITED V DAVID BROWN AND GLEN SYCAMORE [2016] NZCA 525 [4 November 2016]
- Citation
- [2016] NZCA 525
- Court
- Court of Appeal
The parties validly and bona fide chose Hong Kong law as the proper law of the employment contracts; s 238 ERA does not operate as an overriding mandatory rule to displace that choice in the absence of clear parliamentary intent to that effect; the public policy exception does not apply because enforcement of the Hong Kong law in the particular contracts would not shock the conscience or violate fundamental principles of justice in New Zealand; therefore New Zealand law (ERA) does not apply to defeat the agreed choice of Hong Kong law.