21 Jun 2001
LIN KAI HSUAN v. SZETO FOON AND OTHERS
- Citation
- LIN KAI HSUAN v. SZETO FOON AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI480/2000
Although section 44(3) permits the plaintiff to commence proceedings against or join the insurer prior to quantification in the circumstances present (insured insolvent and insurer disclaimed), the Scheme of Arrangements contains a valid and wide Bar to Proceedings moratorium which must be given effect to; accordingly the plaintiff's summons was dismissed and all proceedings against the 3rd defendant were stayed to protect the scheme and the participating company's assets.