RE SINGAPORE INSURANCE CO LTD AND OTHERS

RE SINGAPORE INSURANCE CO LTD AND OTHERS

Unliquidated claims in tort for personal injury or death that remain unliquidated at the date of commencement of the winding-up are not admissible to proof in the liquidation; statutory third-party motor claims under Cap.272 ss.9-10 arise by virtue of the statute and do not convert such tort claims into contractual claims provable during insolvency; employee claims under Cap.282 s.44 are deemed contractual and are provable; third-party rights under Cap.273 s.2 that derive from the contract are provable; judgment interest is provable only up to the date of presentation of the petition and limited to 8%.

Citation
RE SINGAPORE INSURANCE CO LTD AND OTHERS
Parties
Liquidator/applicant: 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.; Governmental Intervener: Director of Social Welfare (represented by Crown); Legal Representative of Third Party Claimants (served But Not Represented at Hearing): Director of Legal Aid; Claimants (personal Injury/death/unsecured Creditors): Third party claimants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1985
Case Number
HCCW240/1983
Procedural Posture
Companies Winding Up (directions Summons) / Ruling in Chambers (directions on Proof of Claims)
Outcome
Summonses for directions allowed in part; rulings issued as to which classes of claims are provable during insolvency as set out in reasons
Legal Topics
Proof of Debts in Liquidation, Unliquidated Tort Claims, Statutory Third Party Rights Against Insurers, Employee Compensation Claims, Judgment Interest Cut Off Date, Set Off and Election
Source Language
EN
Company Law Bankruptcy Law Insurance Law Tort Law Employment Law Civil Procedure Proof of Debts in Liquidation Unliquidated Tort Claims +4 more

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Parties

Official Receiver

Liquidator/applicant

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)

Governmental Intervener

Director of Legal Aid

Legal Representative of Third Party Claimants (served But Not Represented at Hearing)

Third party claimants

Claimants (personal Injury/death/unsecured Creditors)

Procedural Posture

Companies Winding Up (directions Summons) / Ruling in Chambers (directions on Proof of Claims)

Legal Issues

  1. 1 Whether unliquidated tort claims for personal injury/death are provable if unliquidated at commencement of winding-up
  2. 2 Whether Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap.272) ss.9-10 convert third-party tort claims into contractual claims provable in insolvency
  3. 3 Whether Employees' Compensation Ordinance (Cap.282) ss.42-44 give employees provable contractual rights against insurers

Ratio Decidendi

Unliquidated claims in tort for personal injury or death that remain unliquidated at the date of commencement of the winding-up are not admissible to proof in the liquidation; statutory third-party motor claims under Cap.272 ss.9-10 arise by virtue of the statute and do not convert such tort claims into contractual claims provable during insolvency; employee claims under Cap.282 s.44 are deemed contractual and are provable; third-party rights under Cap.273 s.2 that derive from the contract are provable; judgment interest is provable only up to the date of presentation of the petition and limited to 8%.

Court Disposition

Summonses for directions allowed in part; rulings issued as to which classes of claims are provable during insolvency as set out in reasons

Orders

  • Unliquidated personal injury and death claims in tort unliquidated at commencement of winding-up are not provable in the liquidation
  • Third-party motor claims under Cap.272 ss.9-10 do not become provable during insolvency by reason of the insurance contract where liability arises by statute