Read the full judgment text of HCCT000030/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 April 1999 before The Hon Mr Justice Findlay.
Insurance law — Motor insurance policy construction — Repair obligations — Arbitration award enforcement — Leave to appeal grant — Clause 1 of the policy grants insurer option to pay cash or repair; no obligation on insured to use insurer's nominated repairer — Clause 4 permits removal to nearest repairer but not repair without insurer consent — Clause 5 requires both that repair costs not exceed authorized limit and detailed statement to be forwarded before insured may authorize repairs — Arbitrator erred in construing Clause 5 as disjunctive and allowing insured to unilaterally authorise repairs — Leave to appeal granted accordingly — Enforcement of award adjourned pending appeal outcome — Costs ordered as to be costs in appeal and reserved.
Legal issues: Construction of insurance policy regarding repair obligations
Outcome: Leave to appeal granted; application for leave to enforce award adjourned pending appeal outcome.