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