CHEN YU v. KWOK CHIK MAN

HCPI 75/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 75 OF 2008

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D E C I S I O N

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1.  This is the Defendant’s application to take the case out of the Warned List. 

2.  There was a traffic accident and the Defendant’s insurer is Anglo Starlite Insurance Co Ltd, where managers have been appointed by the Insurance Authority, and winding up petition has been presented to be heard at the end of July 2009.

3.  The Motor Insurers’ Bureau (“MIB”) has also intervened and it is at the instruction of MIB that Mr Cheng, for the Defendant, is applying for an adjournment so that MIB can look into the insurer’s policies before deciding on liability to pay.  At the moment there are said to be over 1,000 policies in total and the MIB has a limited staff of four persons only, and they need to appoint a firm of solicitors to look into the insurer’s policies. 

4.  Miss Choy, for the Plaintiff, indicated that the Plaintiff is ready for trial but is keeping a neutral stance in the light of special circumstances. 

5.  In the premises, I order the case not to be warned before 10 August 2009, and there be liberty to apply.

6.  Miss Choy asked for the costs of today.  Mr Cheng asked costs to be reserved to the trial judge because this hearing was necessitated by the circumstances beyond the control of the Defendant.

7.  I called this hearing because this is the first case to have come before the Court where this kind of application is made, and I need to look into the circumstances and be briefed about the background.  As the adjournment was asked for at the instruction of MIB, as between the Plaintiff and the Defendant I think the Defendant should bear the costs. 

8.  I order today’s costs be borne by the Defendant, summarily assessed at $1,500.