15 Mar 2006
THE MING AN INSURANCE CO (HK) LTD v. CHAN MAN DUN AND ANOTHER
- Citation
- THE MING AN INSURANCE CO (HK) LTD v. CHAN MAN DUN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV96/2005
Grant joinder: MIB's joinder was necessary and appropriate because the common, decisive issue—whether JB4251 was the insured vehicle under the policy—affects both the court declaration under Cap.272 and liability under the Domestic Agreement and joinder avoids risk of inconsistent outcomes; MIB's late application was justified by change of circumstances (Owner unrepresented) and lack of prejudice to insurer. Dismiss fresh evidence: Owner failed Ladd v Marshall first limb (evidence was within his knowledge and could have been produced earlier) and failed credibility requirement given uncontrad…