5 Jun 2020
THE INCORPORATED OWNERS OF TUNG FAT BUILDING BLOCK A KAM PING STREET v. NG KING FONG JUDY AND OTHERS
- Citation
- [2020] HKDC 354
- Court
- District Court
- Case number
- DCCJ4309/2015
On the balance of probabilities the court found D1, D2 and D3 had possession of keys, received and opened the mail containing the writ and then failed to forward it to the insurer; that omission caused the insurer to deny cover and caused the plaintiff's loss. That conduct breached s28 and s26A of the BMO and fell short of the s29A statutory defence. Judgment awarded against D1, D2 and D3 for HK$550,000 with interest. D4-D8 and TP were not liable; contribution claim against D4 dismissed; third party action dismissed.