NG YAU SING AND OTHERS v. FALCON INSURANCE COMPANY (HONG KONG) LTD AND ANOTHER

NG YAU SING AND OTHERS v. FALCON INSURANCE COMPANY (HONG KONG) LTD AND ANOTHER

The plaintiffs' claim was bound to fail because they could not satisfy the Policy definition of ‘Humane Destruction’ (no evidence of an excessively painful disease or injury, no certificate from a veterinary surgeon appointed by the insurer and no certificate that immediate destruction was imperative); the new materials disclosed in December 2022 (Schiff report and related materials) were not material to the plaintiffs' ability to make the claim or to their decision to accept the sanctioned payment; although defendants withheld those materials until exchange of witness statements, that withholding did not entitle plaintiffs to costs beyond 11 May 2022. Accordingly D1 must pay plaintiffs'...

Citation
[2025] HKCFI 2343
Parties
1st Plaintiff: NG YAU SING; 2nd Plaintiff: HO MAN CHIU; 3rd Plaintiff: LAM KAI CHEONG; 4th Plaintiff: NG CHING NAM WYNONNA; 1st Defendant: FALCON INSURANCE COMPANY (HONG KONG) LIMITED; 2nd Defendant: ASSICURAZIONI GENERALI SOCIETA PER AZIONI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 2025
Case Number
HCA135/2022
Procedural Posture
Insurance Dispute (high Court Action No.135/2022) / Costs Hearing Following Settlement and Consent Orders
Outcome
Costs allocated between the parties as ordered below following the Court's finding that plaintiffs' substantive claim failed to satisfy the Policy definition and that defendants' late disclosure did not alter that conclusion.
Legal Topics
Humane Destruction Clause, Sanctioned Payment, Disclosure and Discovery, Scale of Costs, Litigation Privilege, Retirement Clause
Source Language
EN
Insurance Law Civil Procedure Costs Law Evidence Law Contract Law Humane Destruction Clause Sanctioned Payment Disclosure and Discovery +3 more

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Parties

NG YAU SING

1st Plaintiff

HO MAN CHIU

2nd Plaintiff

LAM KAI CHEONG

3rd Plaintiff

NG CHING NAM WYNONNA

4th Plaintiff

FALCON INSURANCE COMPANY (HONG KONG) LIMITED

1st Defendant

ASSICURAZIONI GENERALI SOCIETA PER AZIONI

2nd Defendant

Procedural Posture

Insurance Dispute (high Court Action No.135/2022) / Costs Hearing Following Settlement and Consent Orders

Legal Issues

  1. 1 Whether insurer's late disclosure (Schiff materials) was relevant to insureds' decision to accept a sanctioned payment
  2. 2 Whether insureds relied on the new materials prior to acceptance of the sanctioned payment
  3. 3 Whether defendant deliberately withheld disclosure and whether that justified departing from the usual costs rule

Ratio Decidendi

The plaintiffs' claim was bound to fail because they could not satisfy the Policy definition of ‘Humane Destruction’ (no evidence of an excessively painful disease or injury, no certificate from a veterinary surgeon appointed by the insurer and no certificate that immediate destruction was imperative); the new materials disclosed in December 2022 (Schiff report and related materials) were not material to the plaintiffs' ability to make the claim or to their decision to accept the sanctioned payment; although defendants withheld those materials until exchange of witness statements, that withholding did not entitle plaintiffs to costs beyond 11 May 2022. Accordingly D1 must pay plaintiffs'...

Court Disposition

Costs allocated between the parties as ordered below following the Court's finding that plaintiffs' substantive claim failed to satisfy the Policy definition and that defendants' late disclosure did not alter that conclusion.

Orders

  • 1. The 1st Defendant do pay the Plaintiffs' costs of the action up to 11 May 2022 to be taxed on the District Court scale if not agreed.
  • 2. The Plaintiffs do pay the 1st Defendant's costs of these proceedings from 12 May 2022 onwards, including the costs of and occasioned by the argument on the issues of costs, such costs to be taxed on the High Court scale if not agreed.