RE SINGAPORE INSURANCE CO LTD AND OTHERS

RE SINGAPORE INSURANCE CO LTD AND OTHERS

Unliquidated tort claims for personal injury or death that remain unliquidated at the commencement of the winding-up are not provable in the liquidation; third party motor claims created by Cap.272 ss.9 and 10 arise by statute (not by contract) and therefore unliquidated claims under them are not provable when unliquidated at commencement; employees' claims under Cap.282 s.44 are contractual (claimant deemed a party to the policy) and may be proved even if unliquidated; third parties whose rights vest under Cap.273 s.2 have contractual rights provable in liquidation; judgment interest is provable only up to the date of presentation of the petition and subject to the statutory 8% cap.

Citation
RE SINGAPORE INSURANCE CO LTD AND OTHERS
Parties
Liquidator/applicant: Official Receiver; Insolvent Companies: Singapore Insurance Co. Ltd.; Kyoto Insurance Limited; Scotland Insurance Co. Ltd.; China Underwriters Life & Insurance Co. Ltd.; Bedford Insurance Co. Ltd.; Third Party Claimants/claimants in Tort: Third party claimants; Interested Public Authority: Director of Social Welfare; Served But Unrepresented Interested Party: Director of Legal Aid
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1985
Case Number
HCCW3/1982
Procedural Posture
Companies Winding Up (compulsory) / Directions Summons Hearing and Ruling Delivered
Outcome
Court answered the summonses by giving detailed directions: unliquidated third party motor tort claims unprovable when unliquidated at commencement; Cap.272 ss.9/10 liabilities are statutory not contractual; employees' claims under Cap.282 s.44 are provable; third party contractual rights under Cap.273 s.2 are...
Legal Topics
Proof of Debt, Third Party Rights Against Insurers, Employees' Compensation, Motor Vehicle Third Party Claims, Interest on Judgment Debts, Provability of Unliquidated Tort Claims
Source Language
EN
Company Law Insolvency Insurance Law Tort Bankruptcy Law Employment Law Proof of Debt Third Party Rights Against Insurers +4 more

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Parties

Official Receiver

Liquidator/applicant

Singapore Insurance Co. Ltd.; Kyoto Insurance Limited; Scotland Insurance Co. Ltd.; China Underwriters Life & Insurance Co. Ltd.; Bedford Insurance Co. Ltd.

Insolvent Companies

Third party claimants

Third Party Claimants/claimants in Tort

Director of Social Welfare

Interested Public Authority

Director of Legal Aid

Served But Unrepresented Interested Party

Procedural Posture

Companies Winding Up (compulsory) / Directions Summons Hearing and Ruling Delivered

Legal Issues

  1. 1 Whether unliquidated tort claims for personal injury/death are provable in liquidation when unliquidated at commencement
  2. 2 Whether Motor Vehicles Insurance (Cap.272) ss.9 and 10 convert third party tort claims into contractual claims provable in liquidation
  3. 3 Whether Employees' Compensation (Cap.282) ss.43/44 permit employees' unliquidated claims to be proved

Ratio Decidendi

Unliquidated tort claims for personal injury or death that remain unliquidated at the commencement of the winding-up are not provable in the liquidation; third party motor claims created by Cap.272 ss.9 and 10 arise by statute (not by contract) and therefore unliquidated claims under them are not provable when unliquidated at commencement; employees' claims under Cap.282 s.44 are contractual (claimant deemed a party to the policy) and may be proved even if unliquidated; third parties whose rights vest under Cap.273 s.2 have contractual rights provable in liquidation; judgment interest is provable only up to the date of presentation of the petition and subject to the statutory 8% cap.

Court Disposition

Court answered the summonses by giving detailed directions: unliquidated third party motor tort claims unprovable when unliquidated at commencement; Cap.272 ss.9/10 liabilities are statutory not contractual; employees' claims under Cap.282 s.44 are provable; third party contractual rights under Cap.273 s.2 are...