HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER

The application was refused because the Broker failed to give a credible or convincing explanation for the admissions and therefore did not demonstrate good faith; on that basis the court exercised its discretion against permitting withdrawal of the admissions.

Citation
HUA TYAN DEVELOPMENT LTD v. ZURICH INSURANCE CO LTD AND ANOTHER
Parties
Plaintiff: Hua Tyan Development Limited; 1st Defendant: Zurich Insurance Company Limited; 2nd Defendant: Courtesy Insurance Consultants Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2012
Case Number
HCA480/2009
Procedural Posture
Civil Action Insurance / Interlocutory Application to Withdraw Admissions / Application to Amend Defence
Outcome
Application refused
Legal Topics
Policy Construction, Rectification, Withdrawal of Admissions, Estoppel, Breach of Warranty, Broker Negligence
Source Language
EN
Insurance Law Contract Law Civil Procedure Professional Negligence Policy Construction Rectification Withdrawal of Admissions Estoppel +2 more

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Parties

Hua Tyan Development Limited

Plaintiff

Zurich Insurance Company Limited

1st Defendant

Courtesy Insurance Consultants Limited

2nd Defendant

Procedural Posture

Civil Action Insurance / Interlocutory Application to Withdraw Admissions / Application to Amend Defence

Legal Issues

  1. 1 Whether the 2nd defendant (Broker) should be permitted to withdraw admissions in its defence
  2. 2 Whether the Broker has shown good faith by giving a credible and convincing explanation for the admissions
  3. 3 Whether withdrawal would raise a triable issue with reasonable prospects of success without injustice to the plaintiff

Ratio Decidendi

The application was refused because the Broker failed to give a credible or convincing explanation for the admissions and therefore did not demonstrate good faith; on that basis the court exercised its discretion against permitting withdrawal of the admissions.

Court Disposition

Application refused

Orders

  • Application for leave to withdraw admissions refused
  • No leave to file the proposed amended defence