20 May 1994
SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.
- Citation
- SIU YIN KWAN AND ANOTHER v. EASTERN INSURANCE CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCL6/1988
The Plaintiffs were entitled to have Axelson's rights under the policy transferred to them and to judgment for the sums assessed because (a) the challenged admission was either made with Eastern's consent or occurred after Eastern had formally disclaimed liability so it could not ground repudiation, and (b) Eastern, having had the contractual right to assume conduct of the defence and electing not to do so, cannot complain that it lacked the opportunity to defend and is bound by the interlocutory judgment against Axelson.