20 Apr 2018
SO SHEUNG HIN BEN v. CHUBB LIFE INSURANCE CO LTD (formerly known as ACE LIFE INSURANCE COMPANY LTD)
- Citation
- [2018] HKCA 209
- Court
- Court of Appeal
- Case number
- CACV204/2017
Although the termination notices were validly given and interpreted objectively, the Court of Appeal allowed the appeal because the debtor raised bona fide substantial disputes (supported by largely unchallenged affidavit evidence) that Chubb may have exercised its termination power with dominant intention to trigger the claw-back and that an implied anti-recoupment term and the construction/effect of the entire agreement clause warranted trial resolution rather than summary dismissal; accordingly the statutory demand was set aside.