27 Apr 2009
RICHFINE DEVELOPMENT LTD t/a KENG FAI JEWELLERY v. HUGH RUPERT RIVINGTON
- Citation
- RICHFINE DEVELOPMENT LTD t/a KENG FAI JEWELLERY v. HUGH RUPERT RIVINGTON
- Court
- Court of Appeal
- Case number
- CACV257/2008
Appeal allowed: the insured breached the warranty/conditions precedent requiring proper/detailed records and the provision of information; the record-keeping deficiencies prevented underwriters from verifying stock and cost; there was insufficient evidence that the broker/agent had authority to waive those requirements or that any effective waiver occurred; accordingly the policy was avoided and the plaintiff's claim dismissed.