4 Mar 2005
UNI INDUSTRIES LTD v. OMEGA INTERNATIONAL LTD
- Citation
- UNI INDUSTRIES LTD v. OMEGA INTERNATIONAL LTD
- Court
- Court of Appeal
- Case number
- CACV370/2003
The Court allowed the appeal, set aside the deputy judge's order and dismissed the O14A summons because the defendant's claim for indemnity under the PLE involves issues of fact (notably whether damage occurred during the period of insurance in light of a continuing nuisance) which cannot properly be resolved on an O14A determination; accordingly the strike out was inappropriate and the insurer's contentions (including reliance on pre-existing seepage) require evidence at trial.