30 Jun 1999
The appeal is dismissed because there is no basis to disturb the magistrate's acceptance of prosecution evidence and findings on credibility; the appellant's admission of presence undermines the identification challenge and lack of Airport Authority notices does not provide a legal defence.
1 May 1991
The notices served complied with the mortgage's requirements and the 29 November 1982 demand, though reflecting total indebtedness of the mortgagor, did not invalidate the notice as the defendant did not purport to claim against the plaintiff sums beyond the secured amount; therefore the sale was not wrongful and the plaintiff's action was dismissed.
12 Oct 1990
The insured's failure to give notice as soon as possible breached Condition 5 and thereby failed a condition precedent in Condition 2; the insurer is entitled to avoid liability for indemnity without having to show prejudice, and therefore the insurer's repudiation succeeds.
3 Oct 1981
Court held Warehouse-to-Warehouse clause did not extend the marine policy to cover an entirely different voyage via Keelung; prima facie the goods were not on risk because the actual voyage was wholly different from the voyage insured (named vessel and contemplated route); insurer's non-disclosure defence failed because assured was not under a duty to investigate vessel movements beyond the ordinary course of business; accordingly appeal allowed and judgment for plaintiff below set aside.