30 Nov 2017
ANGELA YANG v. AXA WEALTH MANAGEMENT (HK) LTD AND OTHERS
- Citation
- ANGELA YANG v. AXA WEALTH MANAGEMENT (HK) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2016/2014
Applying the objective s26(1) test while taking the plaintiff's personal characteristics into account, the court found that the policy documents, illustrative surrender values, account summaries, welcome calls, demand notices and encashment confirmations would have put a reasonable person in the plaintiff's position on inquiry well before October 2008; there was no proven deliberate concealment by defendants to postpone limitation, therefore the claims were time-barred and must be dismissed.
- Fraudulent misrepresentation
- Limitation period (s26(1) cap 347)
- Deliberate concealment
- Reasonable diligence
- Encashment/termination charges
- Investment-linked insurance products