Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Total and permanent disability

Legal area

Court

7 Dec 2017

賴容對宏利人壽保險（國際）有限公司

Citation

賴容對宏利人壽保險（國際）有限公司
Court

District Court
Case number

DCCJ3139/2016

The application for leave was dismissed because the plaintiff failed to show a reasonable prospect of success or other compelling reason under s63A(2); the matters relied on were already considered by the court and triable issues remain, so leave is refused and costs are awarded.
27 Oct 2017

賴容對宏利人壽保險（國際）有限公司

Citation

賴容對宏利人壽保險（國際）有限公司
Court

District Court
Case number

DCCJ3139/2016

The court held that factual disputes and conflicting medical evidence on whether the plaintiff is 'totally' disabled and whether she was continuously unable to work for 180 days, together with disputed facts concerning compliance with the 30‑day notice requirement, constitute triable issues. Under Order 14 a summary judgment is therefore inappropriate and the matter must proceed to trial; the plaintiff's appeal from the Deputy Registrar's order is dismissed.