New World Harbourview Hotel Co Ltd and Others v. Ace Insurance Ltd and Others

Case No.FAMV 6/2011

Court

Court of Final Appeal

Date26 Aug 2011

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

Case Document

100%

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