Gill J:

This is a suit for a declaration under s. 80(3) of the Road Traffic Ordinance, 1958 that the policy of insurance issued by the plaintiff company to defendant in respect of motor vehicle BD 862 is void for non-disclosure of material facts.

The defendant bought the motor vehicle from Eu Tong Sen Finance (M) Ltd of Kuala Lumpur on hire-purchase. He signed the hire- purchase proposal form, and the acceptance of the proposal was signed by one Wong Peng Wah on behalf of the finance company, on 8 December 1960. The motor vehicle was then lying in front of the office of the finance company and it was described in the hire-purchase proposal form as a Volkswagen "Station Wagon". This proposal form was filled in by Wong Peng Wah who apparently entered the description of the motor vehicle in the form on his own initiative, but the defendant furnished the particulars about his identity card, his driving licence, his address and his business or occupation. His occupation was entered as that of an advertiser.

After the hire-purchase proposal form had been signed, Wong Peng Wah suggested to the defendant to take out an insurance policy in respect of the motor vehicle from a comp