Read the full judgment text of HCCT 61/2017 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 July 2019 before Hon Mimmie Chan J.
Procedure — Construction contract dispute — Application for split trial to determine existence, terms and enforceability of alleged Settlement Agreement between subcontractor and main contractor — Court’s discretion under Order 33 rule 3 RHC to order separate trials only in exceptional circumstances — Issues involving questions of mixed fact and law, and dependent on court’s findings on other disputed facts — Defendant failed to establish special grounds or exceptional circumstances to justify departure from general rule of one trial — Separate trial would likely cause duplication of costs and unjust delay of overall resolution — Application dismissed with costs awarded to Plaintiff.
Legal issues: Split trial application under Order 33 rule 3 RHC
Outcome: Defendant’s application for split trial dismissed; costs awarded to Plaintiff
Cited by 2 cases · Cites 2 cases