Gill Gurbux Singh v. Dah Sing Insurance Services Ltd

FAMV No 20 of 2015

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 20 OF 2015 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO 255 OF 2012)

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BETWEEN

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DETERMINATION

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Mr Justice Tang PJ:

1.We thank counsel for their helpful submissions.

2.We give leave to appeal, first, as a question of great general and public importance:

“whether the relationship between insurers and insurance agents of the one part and insurance agents or technical representatives of the other part can give rise to a duty of care owed by the former to the latter to comply with the mandatory requirements in the code of practice and guidance note, for the breach of which, a claim for damages may arise.”

3.We also grant leave on the “Or otherwise” basis so that we may consider whether in the circumstances of this case, the Court of Appeal should have, on its own motion, refused to accept or abide by the concession made by the plaintiff at trial that the applicant had suffered damage if there had been a breach of duty.

4.The appeal will be heard on 24 February 2016.

Ms Audrey Eu SC and Mr Kelvin Leung, instructed by T C Lau & Co, assigned by Director of Legal Aid, for the defendant (applicant)

Mr Ambrose Ho SC, Mr Norman Nip and Ms Prisca Cheung, instructed by Keith Lam Lau & Chan, for the plaintiff (respondent)