13 Feb 2007
THE MING AN INSURANCE CO (HK) LTD v. CHAN MAN DUN AND ANOTHER
- Citation
- THE MING AN INSURANCE CO (HK) LTD v. CHAN MAN DUN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV96/2005
The Court dismissed MIB's cross-appeal as academic in light of the plaintiff's undertaking not to rely on estoppel against MIB and held that the judge was entitled to adjudicate the pleaded issue of vehicle identity on the evidence before him; the finding that the vehicle involved was not the insured vehicle removes the insurer from liability under s10(1) in respect of that accident and the declarations made were within the judge's remit.