Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assignment of insurance policy

Legal area

Court

24 Jan 2003

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD

Citation

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD
Court

District Court
Case number

DCCJ6260/2002

Because the plaintiff is ordinarily resident outside the jurisdiction and has failed to demonstrate a high probability of success — his title to sue under the policies is tenuous for lack of pleaded or evidenced assignment or insurable interest — it was just to exercise the discretion under Order 23 Rule 1 and order security for costs in each action.
24 Jan 2003

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD

Citation

ALI A.H. SALEH v. FALCON INSURANCE CO (HONG KONG) LTD
Court

District Court
Case number

DCCJ6261/2002

Because the plaintiff is ordinarily resident outside the jurisdiction and has failed to demonstrate a high probability of success — his right of action is tenuous due to lack of pleaded or evidenced assignment and absence of an established insurable interest at the time of loss — it is just in all the circumstances to order security for costs; security is to be assessed on the High Court costs scale given the related High Court action and proposed transfer.