Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Notice obligations

Legal area

Court

23 Dec 2022

POOSAALA RAM PRASAD v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

Citation

[2022] HKCA 1876
Court

Court of Appeal
Case number

CACV466/2021

Although the statement of claim was defective and properly struck out in respect of the pleaded head of loss and inapt causes of action, the court held there was an arguable cause of action for breach of contract arising from the bank's failure to give prompt notice by the specified means in the telegraphic transfer form; accordingly the dismissal of the action was set aside and the plaintiff granted opportunity to apply to amend his claim to plead that cause of action and particulars of loss.
22 Oct 1993

EURO-AMERICA INSURANCE LIMITED v. SPEEDBIRD TOURS LIMITED

Citation

EURO-AMERICA INSURANCE LIMITED v. SPEEDBIRD TOURS LIMITED
Court

Court of First Instance
Case number

HCA6915/1992

Condition 6 was construed as relating to civil claims and did not encompass a guilty plea in criminal proceedings; condition 5 did not impose an obligation on the insured to forward or ensure forwarding of a summons received solely by a permitted driver where the insured lacked knowledge; on the facts the defendant did not know of the summons and did not breach the policy; consequently insurer not entitled to repudiate nor to recover the $65,000 payment or expenses and the plaintiff's claims were dismissed.