Hong Kong Case Law: Decisions & Judgments

Topic

Marine insurance

Legal area

Court

24 Jan 2003

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD

Citation

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD
Court

District Court
Case number

DCCJ6261/2002

Because the plaintiff is ordinarily resident outside the jurisdiction and has failed to demonstrate a high probability of success — his right of action is tenuous due to lack of pleaded or evidenced assignment and absence of an established insurable interest at the time of loss — it is just in all the circumstances to order security for costs; security is to be assessed on the High Court costs scale given the related High Court action and proposed transfer.
13 Nov 2002

NAM KWONG MEDICINES & HEALTH PRODUCT CO. LTD. v. CHINA INSURANCE CO. LTD.

Citation

NAM KWONG MEDICINES & HEALTH PRODUCT CO. LTD. v. CHINA INSURANCE CO. LTD.
Court

Court of First Instance
Case number

HCCL27/1999

Leave to re‑amend was refused because the defendant had been aware of the repayment claim from the outset and knowingly chose not to plead it; finality of litigation requires that a substantive case not be re‑opened absent exceptional circumstances. The plaintiff was ordered to pay the defendant's costs of the third party proceedings because those proceedings were justified and their joinder was made inevitable by the plaintiff's claim; such costs are payable by the unsuccessful plaintiff subject to earlier costs orders and taxation if not agreed.
8 Feb 2002

NAM KWONG MEDICINES & HEALTH PRODUCTS CO. LTD. v. CHINA INSURANCE CO. LTD.

Citation

NAM KWONG MEDICINES & HEALTH PRODUCTS CO. LTD. v. CHINA INSURANCE CO. LTD.
Court

Court of First Instance
Case number

HCCL27/1999

The court exercised its discretion to refuse to revisit the prior security figure of HK$700,000 and, after assessing anticipated trial costs and the necessity for two counsel, ordered additional security of HK$1,800,000 (producing total security of HK$2,500,000), set a payment deadline, refused an interim stay and awarded costs of the application to the defendant to be taxed if not agreed with directions to the taxing master to consider reductions for unnecessary senior counsel fees.
27 Nov 1996

GATMORE ENTERPRISES S.A. and Another v. THE PEOPLE\'S INSURANCE COMPANY OF CHINA

Citation

GATMORE ENTERPRISES S.A. and Another v. THE PEOPLE\'S INSURANCE COMPANY OF CHINA
Court

Court of First Instance
Case number

HCCL204/1993

The court found the Defendants had established the criteria of Order 24 r7 for the requested classes of documents and that Mr. Ma's affidavits were inadequate and showed insufficient inquiry; therefore the Plaintiffs must provide discovery via their proper officer, Mr. Wong Hon, within 21 days and the Defendants were awarded costs of the application.
11 May 1982

MARQUIS TRADING CO (a firm) v. ASSOCIATED BANKERS INSURANCE

Citation

MARQUIS TRADING CO (a firm) v. ASSOCIATED BANKERS INSURANCE
Court

Court of First Instance
Case number

HCCL4664/1979

The court held the proposed amendments adequately pleaded the conspiracies with sufficient particulars under The Dias and related authorities, that the Amelia fraud allegation, though late, was permissible because defendants had long signalled suspicion, the cumulative similar-fact connection to the Starter justified the addition, no prejudice that could not be compensated by costs was shown, and the public interest in allowing meritorious defences favored permitting the amendments; accordingly leave to re-amend was granted.
25 Nov 1981

MARQUIS TRADING CO (A FIRM) v. ASSOCITED BANKERS INSURANCE CO LTD

Citation

MARQUIS TRADING CO (A FIRM) v. ASSOCITED BANKERS INSURANCE CO LTD
Court

Court of First Instance
Case number

HCCL47/1980

Order 72 r.10 is not confined to cases where scuttling is alleged; the judge has a discretion to order production where he is satisfied there are grounds to suspect lack of bona fides and that it is necessary or expedient. On the facts the Court was satisfied there were reasonable grounds to suspect the plaintiffs' bona fides and ordered production of specified documents (and refused some requests as disproportionate or unnecessary).
30 Jun 1973

ANGELA MARIA DIAS t/a CROWDEN TRADING CORPORATION v. NATIONAL INSURANCE CO LTD

Citation

ANGELA MARIA DIAS t/a CROWDEN TRADING CORPORATION v. NATIONAL INSURANCE CO LTD
Court

Court of First Instance
Case number

HCA2474/1972

Court found plaintiff gave timely notice by telephone on 18/5/71 and appointed surveyor; although strict compliance with some policy clauses was lacking, that non-compliance (except as to five crates damaged in sea transit) did not prejudice insurer because insurer, aware of the breaches, proceeded to solicit claim particulars and issued a claim form without reserving forfeiture; that conduct amounted to waiver or induced estoppel; accordingly insurer liable for damages subject to proof of quantum before the Registrar.
18 May 1968

K MASTER & CO LTD v. EAGLE STAR INSURANCE CO LTD

Citation

K MASTER & CO LTD v. EAGLE STAR INSURANCE CO LTD
Court

Court of First Instance
Case number

HCA2343/1966

The court held that a commercial list exists and, exercising its inherent jurisdiction and the discretion under O.72 r.10 in light of the special nature of marine insurance (uberrimae fidei) and the factual circumstances (delay, survey results and alleged inconsistent statements), it was appropriate to transfer the case to the commercial list and grant the defendants' application for extended discovery; no separate O.24 r.7 order was necessary.