26 Nov 1986
TAM HING WAH AND ANOTHER v. MO CHOI AND OTHERS
- Citation
- TAM HING WAH AND ANOTHER v. MO CHOI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA7270/1985
The court found that at the time of the accident the vehicle was being driven by the first defendant in the course of his employment for the restaurant for the benefit of the restaurants business; although the first defendant was an authorised driver, that use fell outside the policys permitted "Limitations as to Use" (and alternatively would be a disqualifying dual use), therefore the insurer (Pacific) was not liable and the defendants claim for indemnity was dismissed. The defendants were not estopped from raising the agency/employment defence.