31 May 2011
The application for further and better particulars was refused because the pleaded fact that the product cart suddenly got stuck causing the applicant to sustain injury is sufficient for an employees compensation trial and the precise cause of the cart becoming stuck or its exact identification is irrelevant to employer liability in such claims.
23 Dec 1985
Court ruled that unliquidated third party personal injury/death claims under the Motor Vehicles Insurance (Third Party Risks) Ordinance do not give rise to provable debts during insolvency because the insurer's liability in respect of such third party claims arises by virtue of the statute and not by reason of the contract of insurance; employees' compensation claims under s.44 Cap.282 are provable because s.44 deems the claimant party to the policy and thus the right arises from the contract; rights transferred to third parties under the Third Parties (Rights Against Insurers) Ordinance (Cap…
23 Dec 1985
The court follows Re Islington Metal: entitlement to prove in liquidation is fixed at commencement (presentation of petition). Unliquidated personal injury/death tort claims not liquidated by judgment or settlement before commencement are not provable. Third party claims under Cap.272 ss9 and 10 create statutory rather than contractual liability for insurers and therefore unliquidated third party tort claims are not provable while the insurer is insolvent; employees' compensation claims under Cap.282 s44 are contractual (claimant deemed party to policy) and unliquidated employees' claims are…