Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 24 indemnity
  • 6 Aug 2007

    TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

    Citation
    TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
    Court
    District Court
    Case number
    DCEC243/2004

    The court held R2 is entitled to a full indemnity from R1 under s.24(2) including costs and interest, but exercised its inherent jurisdiction to stay execution of that indemnity order pending determination of R1's substantive claim against its insurer Ming An due to the close operational and legal relationship between R2 and Ming An which made the insurer effectively a de facto party; R1 ordered to file its claim against Ming An within 42 days and to pay interest at half the judgment rate during the stay, with costs awarded to R1 for the summons hearing to be taxed if not agreed.