Read the full judgment text of HCCT 29/2013 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 March 2016 before Anthony Chan J.
Construction dispute — interlocutory applications — amendment of pleadings — specific discovery — delay and prejudice — proportionality — trial management — costs awarding on indemnity basis. This case concerns an extensive construction dispute between Chun Wo Building Construction Limited and Metta Resources Limited. The court dealt with multiple interlocutory applications mid-trial, including late amendment applications by Metta, and specific discovery applications by both parties. The court emphasized the undue delay by Metta in seeking large-scale amendments after finalisation of rectification accounts and the serious prejudice that would result to Chun Wo, rejecting the amendment application except for uncontroversial parts. Metta’s specific discovery application, seeking voluminous categories of documents late in the litigation, was dismissed on grounds of timing, lack of necessity, and proportionality. Chun Wo’s reciprocal specific discovery application was similarly dismissed for lack of demonstrated relevance and untimely nature. The court strongly criticized the parties’ litigious conduct and imposition on trial preparation time, and accordingly ordered costs predominantly on an indemnity basis against the unsuccessful applicants, including disallowance of counsel fees for late skeleton arguments. The judgment underscores the importance of timely applications, trial control, proportionality in discovery, and proper conduct by litigious parties to avoid prejudicing the administration of justice.
Legal issues: Whether to allow Metta’s late application to amend pleadings · Whether to grant Metta’s specific discovery application · Whether to grant Chun Wo’s specific discovery application · Costs orders in relation to interlocutory applications
Outcome: Metta’s amendment application (except uncontroversial amendments) dismissed; Metta’s specific discovery application dismissed; Chun Wo’s specific discovery application dismissed; costs awarded mostly on indemnity basis against unsuccessful parties.
Cited by 1 case · Cites 2 cases