25 May 2012
FALCON INSURANCE CO (HONG KONG) LTD v. FLAGSHIP UNDERWRITING MANAGEMENT LTD
- Citation
- FALCON INSURANCE CO (HONG KONG) LTD v. FLAGSHIP UNDERWRITING MANAGEMENT LTD
- Court
- Court of First Instance
- Case number
- HCA312/2010
The appeal was allowed in part because there existed a triable issue that the defendant had in fact paid the Chin Hsing sum and that the plaintiff's conduct and contemporaneous communications raised an arguable case of ratification; no triable issue arose for the Shun De payment; restitutionary recovery failed for lack of legal compulsion; the defendant's Chin Hsing claim was neither dismissed on limitation grounds on summary judgment because section 23 acknowledgment raised a triable issue; and the Chin Hsing counterclaim is a legally cognizable, liquidated and mutual set-off entitling the d…