12 Jun 1998
WING TAI PILONNER CO. LTD. v. EAGLE STAR INSURANCE CO. LTD.
- Citation
- WING TAI PILONNER CO. LTD. v. EAGLE STAR INSURANCE CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA2226/1991
Memo 4 is a condition precedent; the ordinary meaning of "excavation" excludes displacement piling which does not remove soil, so sub-paras (b) and (c) did not apply to the plaintiff; accordingly the insurer was liable and judgment was entered for the plaintiff for the claimed sums; alternative defences (substantial performance, estoppel) were rejected on the facts.