1 Aug 2003
KANSON CRANE SERVICE CO LTD v. BANK OF CHINA GROUP INSURANCE CO LTD
- Citation
- KANSON CRANE SERVICE CO LTD v. BANK OF CHINA GROUP INSURANCE CO LTD
- Court
- Court of First Instance
- Case number
- HCA4246/2002
The Limitation Clause was clear and unambiguous and the Defendant's 10 May 2002 letter constituted an effective disclaimer that triggered the three-month forfeiture period; there was no estoppel or waiver, no ambiguity warranting contra proferentem, and no equitable basis to relieve the Plaintiff from forfeiture, therefore the claim was time-barred and struck out as an abuse of process.