Case Details

Citation

NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS, FAMV 6/2011

Case Number

FAMV 6/2011

Court

Court of Final Appeal

(CFA)

Decision Date

26 August 2011

Parties

Applicant(s):

NEW WORLD HARBOURVIEW HOTEL COMPANY LIMITED, THE DYNASTY CLUB LIMITED, ISLAND GYM COMPANY LIMITED (formerly known as Island Sauna Company Limited), GRAND HYATT HONG KONG COMPANY LIMITED, URBAN PARKING LIMITED, POLYTOWN COMPANY LIMITED, HONG KONG ISLAND DEVELOPMENTS LIMITED, NEW WORLD HOTEL COMPANY LIMITED, HONG KONG NEW WORLD DEPARTMENT STORE COMPANY LIMITED, KIU LOK SERVICE MANAGEMENT COMPANY LIMITED

Respondent(s):

GYM COMPANY LIMITED (formerly known as Island Sauna Company Limited), (3rd Applicant) GRAND HYATT HONG KONG COMPANY LIMITED, (4th Applicant) URBAN PARKING LIMITED, (5th Applicant) POLYTOWN COMPANY LIMITED, HONG KONG ISLAND DEVELOPMENTS LIMITED, (6th Applicant) NEW WORLD HOTEL COMPANY LIMITED, HONG KONG NEW WORLD DEPARTMENT STORE COMPANY LIMITED, (7th Applicant) KIU LOK SERVICE MANAGEMENT COMPANY LIMITED, (8th Applicant) and ACE INSURANCE LIMITED, ACE INSURANCE LIMITED, AXA GENERAL INSURANCE (HONG KONG) LIMITED, FALCON INSURANCE COMPANY (HONG KONG) LIMITED, LIBERTY INTERNATIONAL INSURANCE LTD, TUGU INSURANCE COMPANY LIMITED, XL INSURANCE COMPANY LIMITED (formerly known as XL Winterthur International Insurance Company Limited)

For Applicant(s):

Mr Benjamin Yu, SC and Mr Chua Guan-Hock, SC (instructed by Messrs Wan and Leung)

For Respondent(s):

Mr Charles Manzoni (instructed by Messrs Barlow Lyde & Gilbert)

NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS

FAMV 6/2011

Court of Final Appeal26 August 2011

FAMV6/2011 NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS

FAMV No. 6 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 6 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 97 OF 2010)

____________________

Between

	NEW WORLD HARBOURVIEW HOTEL COMPANY LIMITED	1^st Plaintiff (1^st Applicant)
	THE DYNASTY CLUB LIMITED	2^nd Plaintiff (2^nd Applicant)
	ISLAND GYM COMPANY LIMITED (formerly known as Island Sauna Company Limited)	3^rd Plaintiff (3^rd Applicant)
	GRAND HYATT HONG KONG COMPANY LIMITED	4^th Plaintiff (4^th Applicant)
	URBAN PARKING LIMITED	5^th Plaintiff (5^th Applicant)
	POLYTOWN COMPANY LIMITED	6^th Plaintiff
	HONG KONG ISLAND DEVELOPMENTS LIMITED	7^th Plaintiff (6^th Applicant)
	NEW WORLD HOTEL COMPANY LIMITED	8^th Plaintiff
	HONG KONG NEW WORLD DEPARTMENT STORE COMPANY LIMITED	9^th Plaintiff (7^th Applicant)
	KIU LOK SERVICE MANAGEMENT COMPANY LIMITED	10^th Plaintiff (8^th Applicant)
	and
	ACE INSURANCE LIMITED	1^st Defendant (1^st Respondent)
	AXA GENERAL INSURANCE (HONG KONG) LIMITED	2^nd Defendant (2^nd Respondent)
	FALCON INSURANCE COMPANY (HONG KONG) LIMITED	3^rd Defendant (3^rd Respondent)
	LIBERTY INTERNATIONAL INSURANCE LTD.	4^th Defendant (4^th Respondent)
	TUGU INSURANCE COMPANY LIMITED	5^th Defendant (5^th Respondent)
	XL INSURANCE COMPANY LIMITED (formerly known as XL Winterthur International Insurance Company Limited)	6^th Defendant (6^th Respondent)

____________________

Appeal Committee:

Mr Justice Chan Acting CJ, Mr Justice Bokhary PJ and Mr Justice Ribeiro PJ

Date of Hearing: 26 August 2011

Date of Determination: 26 August 2011

_________________________

DETERMINATION

_________________________

Mr Justice Chan, Acting CJ:

1. We are satisfied that the following point of law of great general or public importance is involved in this case:

“Whether, in common form and widely issued policies of the type in question, the provision of insurance cover in respect of loss sustained ‘as a result of notifiable human infectious or contagious disease’ is limited to cover losses resulting from infectious diseases which are by statute compulsorily notifiable or whether such cover extends to losses caused by diseases subject to administrative reporting requirements although not backed by statutory sanctions.”

2. Accordingly, we grant leave to appeal on this question of law.

(Patrick Chan)
Acting Chief Justice

(Kemal Bokhary)
Permanent Judge

(R A V Ribeiro)
Permanent Judge

Mr Benjamin Yu, SC and Mr Chua Guan-Hock, SC (instructed by Messrs Wan and Leung) for the applicants

Mr Charles Manzoni (instructed by Messrs Barlow Lyde & Gilbert) for the respondents

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition

Key citations

Appeal history

NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CFI · 8 Apr 2010
On appeal from
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CA · 15 Sept 2010
On appeal from
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CA · 15 Sept 2010
On appeal from
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CA · 28 Jan 2011
On appeal from
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CFA · 26 Aug 2011
This judgment
NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS
CFA · 9 Feb 2012
On appeal from

Case Details

Citation

NEW WORLD HARBOURVIEW HOTEL CO LTD AND OTHERS v. ACE INSURANCE LTD AND OTHERS, FAMV 6/2011

Case Number

FAMV 6/2011

Court

Court of Final Appeal

(CFA)

Decision Date

26 August 2011

Parties

Applicant(s):

Respondent(s):

For Applicant(s):

Mr Benjamin Yu, SC and Mr Chua Guan-Hock, SC (instructed by Messrs Wan and Leung)

For Respondent(s):

Mr Charles Manzoni (instructed by Messrs Barlow Lyde & Gilbert)