LUI YAT LING ELAINE v. TAM KWOK FAI AND OTHERS

LUI YAT LING ELAINE v. TAM KWOK FAI AND OTHERS

The Court held that the 3rd defendant's statutory liability under s.10(1) of the Ordinance is limited to liabilities for bodily injury (per s.6(1)(b)); the sanctioned payment of HK$50,000 into court was accepted and is to be paid out in satisfaction of the entirety of the plaintiff's bodily injury claim against the 3rd defendant only, and does not extinguish or bar plaintiff pursuing property damage claims by way of AOD against the other defendants; consent orders and joinder could not extend the insurer's statutory liability to property damage.

Citation
[2018] HKDC 1611
Parties
Plaintiff: Plaintiff; 1st Defendant: Roymaster Limited; 2nd Defendant: Unnamed 2nd Defendant; 3rd Defendant: China Ping An Insurance (Hong Kong) Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 December 2018
Case Number
DCPI1408/2017
Procedural Posture
Civil Motor Vehicle Personal Injury and Property Damage / Interlocutory: Joinder Resolved, Interlocutory Judgment Entered; Assessment of Damages Pending (aod)
Outcome
Payment of HK$50,000 by 3rd defendant to be paid out to plaintiff in satisfaction of plaintiff's bodily injury claim against 3rd defendant; plaintiff may continue AOD against 1st and 2nd defendants for property damage; 3rd defendant to pay costs to specified date and is recused from remainder of proceedings.
Legal Topics
Sanctioned Payment, Joinder of Insurer, Statutory Third Party Liability, Assessment of Damages, Repudiation of Policy
Source Language
EN
Insurance Law Motor Vehicle Accidents Tort Personal Injury Civil Procedure Sanctioned Payment Joinder of Insurer Statutory Third Party Liability Assessment of Damages +1 more

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Parties

Plaintiff

Plaintiff

Roymaster Limited

1st Defendant

Unnamed 2nd Defendant

2nd Defendant

China Ping An Insurance (Hong Kong) Company Limited

3rd Defendant

Procedural Posture

Civil Motor Vehicle Personal Injury and Property Damage / Interlocutory: Joinder Resolved, Interlocutory Judgment Entered; Assessment of Damages Pending (aod)

Legal Issues

  1. 1 Whether a sanctioned payment by an insurer joined under s.10 Motor Vehicles Insurance (Third Party Risks) Ordinance discharges the insurer from the entirety of the plaintiff's claims including property damage or only from bodily injury claims
  2. 2 Whether joinder and consent orders can create or expand a direct cause of action against the insurer beyond statutory rights under the Ordinance
  3. 3 Whether the insurer's admission and sanctioned payment constituted submission to liability for property damage

Ratio Decidendi

The Court held that the 3rd defendant's statutory liability under s.10(1) of the Ordinance is limited to liabilities for bodily injury (per s.6(1)(b)); the sanctioned payment of HK$50,000 into court was accepted and is to be paid out in satisfaction of the entirety of the plaintiff's bodily injury claim against the 3rd defendant only, and does not extinguish or bar plaintiff pursuing property damage claims by way of AOD against the other defendants; consent orders and joinder could not extend the insurer's statutory liability to property damage.

Court Disposition

Payment of HK$50,000 by 3rd defendant to be paid out to plaintiff in satisfaction of plaintiff's bodily injury claim against 3rd defendant; plaintiff may continue AOD against 1st and 2nd defendants for property damage; 3rd defendant to pay costs to specified date and is recused from remainder of proceedings.

Orders

  • The sanctioned payment of HK$50,000 paid by 3rd defendant into court on 3 Oct 2018 be forthwith paid out to the plaintiff through plaintiff's solicitors in satisfaction of the entirety of plaintiff's claim of bodily injuries against the 3rd defendant
  • Plaintiff's costs of this action on the issue of quantum as against the 3rd defendant up to and inclusive of 11 Oct 2018 be paid by the 3rd defendant to the plaintiff, to be taxed if not agreed