Read the full judgment text of HCCT 29/2013 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 18 August 2015 before Hon Anthony Chan J.
Construction arbitration — Discovery proceedings — Specific discovery sought by plaintiff Chun Wo Building Construction Limited from defendant Metta Resources Limited — Categories of discovery include quotations (Category M), photographs (Category N), final drawings (Category O), and payment information (Category P) — Plaintiff seeks to distinguish costs of remedial works from new works, inspect photographic records to evaluate core conditions, obtain information to assess remedial works and possible design changes, and receive up-to-date payment information for trial preparation — Defendant claims litigation privilege over photographs and urges delay until final account statements — Court held requested documents relevant and necessary for preparation, rejected litigation privilege claim over purely factual photos, disallowed selective waiver of privilege, and required disclosure absent delay to trial timetable — Decision allows discovery application in all categories to avoid prejudice to plaintiff's case preparation and risk to trial schedule.
Legal issues: Relevance and necessity of discovery documents (Category M) · Litigation privilege over photographs (Category N) · Relevance of final drawings (Category O) · Payment information since Metta Discovery File A107 (Category P)
Outcome: Applications for discovery in all Categories M, N, O, and P allowed.
Cites 1 case