RE SINGAPORE INSURANCE CO LTD AND OTHERS

RE SINGAPORE INSURANCE CO LTD AND OTHERS

The court held that entitlement to prove in a liquidation is fixed at the commencement of the winding up; unliquidated tort claims that were unliquidated at that date are not provable. Claims under Motor Vehicles Insurance Ordinance (Cap.272) arise by statute and not by contract and therefore unliquidated third...

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Citation
RE SINGAPORE INSURANCE CO LTD AND OTHERS
Parties
Applicant (liquidator): Official Receiver; Respondent (company): Singapore Insurance Co. Ltd.; Respondent (company): Kyoto Insurance Limited; Respondent (company): Scotland Insurance Co. Ltd.; Respondent (company): China Underwriters Life & Insurance Co. Ltd.; Respondent (company): Bedford Insurance Co. Ltd.; Interested Party: Director of Social Welfare (represented by Crown); Interested Party: Director of Legal Aid
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1985
Case Number
HCCW20/1983
Procedural Posture
Companies Winding Up (compulsory) / Directions Summons Hearing and Ruling in Chambers
Outcome
Ruling given: directions provided on who may prove and related matters
Legal Topics
Proof of Debts in Liquidation, Unliquidated Tort Claims, Third Party Rights Against Insurers, Employees' Compensation Claims, Judgment Interest in Liquidation, Statutory V Contractual Liability, Proof and Valuation Date
Source Language
en
Company Law Bankruptcy Insurance Law Tort Employment Law Civil Procedure Proof of Debts in Liquidation Unliquidated Tort Claims +5 more

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Parties

Official Receiver

Applicant (liquidator)

Singapore Insurance Co. Ltd.

Respondent (company)

Kyoto Insurance Limited

Respondent (company)

Scotland Insurance Co. Ltd.

Respondent (company)

China Underwriters Life & Insurance Co. Ltd.

Respondent (company)

Bedford Insurance Co. Ltd.

Respondent (company)

Director of Social Welfare (represented by Crown)

Interested Party

Director of Legal Aid

Interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether unliquidated third party personal injury/death claims under Motor Vehicles Insurance (Cap.272) are provable in liquidation when unliquidated at commencement
  2. 2 Whether Sections 9 and 10 of Cap.272 make insurer liability contractual or statutory for proof purposes
  3. 3 Whether employees' compensation claims under Employees' Compensation Ordinance (Cap.282 ss.42-44) are provable when unliquidated at commencement

Ratio Decidendi

The court held that entitlement to prove in a liquidation is fixed at the commencement of the winding up; unliquidated tort claims that were unliquidated at that date are not provable. Claims under Motor Vehicles Insurance Ordinance (Cap.272) arise by statute and not by contract and therefore unliquidated third party motor claims unliquidated at commencement are not provable during insolvency. Employees' Compensation claims under Cap.282 s.44 arise from the contract and are provable even if unliquidated at commencement. Contractual third-party rights transferred under Cap.273 remain provable. Interest on proved debts is limited to 8% and payable only up to the date of presentation of the...

Court Disposition

Ruling given: directions provided on who may prove and related matters