23 May 2006
FALCON INSURANCE CO (HONG KONG) LTD v. NG KWOK FAI AND ANOTHER
- Citation
- FALCON INSURANCE CO (HONG KONG) LTD v. NG KWOK FAI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2585/2005
The court found that a dispute exists because the guilty plea to a traffic offence does not necessarily establish breach of clause 18(d) or a repudiation of the insurance contract; the 2nd defendant raised a bona fide defence that it took all reasonable steps and reserved rights, so the low threshold for a dispute was met and a mandatory stay in favour of arbitration was granted.