RE SINGAPORE INSURANCE CO LTD AND OTHERS

RE SINGAPORE INSURANCE CO LTD AND OTHERS

The court follows Re Islington Metal: entitlement to prove in liquidation is fixed at commencement (presentation of petition). Unliquidated personal injury/death tort claims not liquidated by judgment or settlement before commencement are not provable. Third party claims under Cap.272 ss9 and 10 create statutory rather than contractual liability for insurers and therefore unliquidated third party tort claims are not provable while the insurer is insolvent; employees' compensation claims under Cap.282 s44 are contractual (claimant deemed party to policy) and unliquidated employees' claims are provable. Interest on provable claims is recoverable only up to the date of presentation of the...

Citation
RE SINGAPORE INSURANCE CO LTD AND OTHERS
Parties
Applicant; Liquidator of the Companies: Official Receiver; Company Subject to Compulsory Winding Up: Singapore Insurance Co. Ltd.; Company Subject to Compulsory Winding Up: Kyoto Insurance Limited; Company Subject to Compulsory Winding Up: Scotland Insurance Co. Ltd.; Company Subject to Compulsory Winding Up: China Underwriters Life & Insurance Co. Ltd.; Company Subject to Compulsory Winding Up: Bedford Insurance Co. Ltd.; Interested Government Representative; Appeared for Proposals Re TAVAS: Director of Social Welfare (represented by Crown)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1985
Case Number
HCCW111/1984
Procedural Posture
Companies Winding Up (compulsory); Insurance Insolvency / Summons for Directions Heard in Chambers; Ruling Delivered on Points of Law and Directions
Outcome
Ruling provided. Court answers summonses: follows Harman J in Re Islington Metal; unliquidated tort third party claims not provable if unliquidated at commencement; third party rights under Cap.272 ss9/10 do not convert such unliquidated tort claims into provable contractual claims while insurer insolvent;...
Legal Topics
Proof of Debts in Liquidation, Third Party Rights Against Insurers, Statutory V Contractual Liability, Unliquidated Tort Claims, Employees Compensation Claims, Interest on Judgment Debts, Timing of Proof (presentation of Petition), Set Off and Election
Source Language
EN
Insolvency/corporate Law Insurance Law Tort Bankruptcy Law Employment Law Proof of Debts in Liquidation Third Party Rights Against Insurers Statutory V Contractual Liability +5 more

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Parties

Official Receiver

Applicant; Liquidator of the Companies

Singapore Insurance Co. Ltd.

Company Subject to Compulsory Winding Up

Kyoto Insurance Limited

Company Subject to Compulsory Winding Up

Scotland Insurance Co. Ltd.

Company Subject to Compulsory Winding Up

China Underwriters Life & Insurance Co. Ltd.

Company Subject to Compulsory Winding Up

Bedford Insurance Co. Ltd.

Company Subject to Compulsory Winding Up

Director of Social Welfare (represented by Crown)

Interested Government Representative; Appeared for Proposals Re TAVAS

Procedural Posture

Companies Winding Up (compulsory); Insurance Insolvency / Summons for Directions Heard in Chambers; Ruling Delivered on Points of Law and Directions

Legal Issues

  1. 1 Whether unliquidated personal injury/death claims in tort are provable in compulsory liquidation at commencement
  2. 2 Whether third party claims under Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap.272) ss9 and 10 arise from contract or statute for purposes of proof
  3. 3 Whether employees' compensation claims under Cap.282 s44 are provable and whether s43 affects that liability

Ratio Decidendi

The court follows Re Islington Metal: entitlement to prove in liquidation is fixed at commencement (presentation of petition). Unliquidated personal injury/death tort claims not liquidated by judgment or settlement before commencement are not provable. Third party claims under Cap.272 ss9 and 10 create statutory rather than contractual liability for insurers and therefore unliquidated third party tort claims are not provable while the insurer is insolvent; employees' compensation claims under Cap.282 s44 are contractual (claimant deemed party to policy) and unliquidated employees' claims are provable. Interest on provable claims is recoverable only up to the date of presentation of the...

Court Disposition

Ruling provided. Court answers summonses: follows Harman J in Re Islington Metal; unliquidated tort third party claims not provable if unliquidated at commencement; third party rights under Cap.272 ss9/10 do not convert such unliquidated tort claims into provable contractual claims while insurer insolvent;...

Orders

  • Summonses for directions answered in accordance with the ruling and the legal conclusions set out therein
  • Claims for unliquidated personal injury/death in tort not admissible to prove in the insolvent liquidations if unliquidated at the date of presentation of the petition