Redland Precast Concrete Products (China) Ltd v. Permasteelisa Hong Kong Ltd

Case No.HCCT 35/2018[2020] HKCFI 2872
Court
高等法院原訟法庭
Date11 Nov 2020
JudgeHon Mimmie Chan J
Case Document
100%

HCCT 35/2018

[2020] HKCFI 2872

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO 35 OF 2018

______________

BETWEEN    
  REDLAND PRECAST CONCRETE PRODUCTS
(CHINA) LIMITED
Plaintiff
  and  
  PERMASTEELISA HONG KONG LIMITED Defendant

______________

Before:  Hon Mimmie Chan J in Chambers

Dates of Written Submissions:  14 and 19 October 2020

Date of Ruling:  11 November 2020

____________

R U L I N G

____________

1.Having considered the fact that the sanctioned payment was made at an early stage (14 months before trial), at a time when discovery had been completed and witness statements had been exchanged and the Plaintiff would reasonably have been able to review the strengths and weaknesses of its case, I see nothing unjust in making the orders under O 22 r 23 (3) and (4) RHC.

2.I grant an order in terms of the Summons issued by the Defendant, save that interest on costs shall be at 2% above judgment rate from 6 April 2020 up to the date of judgment (and thereafter at judgment rate from the date of judgment until payment), and costs of the application for variation to be paid by the Plaintiff, to be taxed if not agreed on indemnity basis, with interest at the same enhanced rate allowed.

  (Mimmie Chan)
  Judge of the Court of First Instance
  High Court

Ms Queenie Ng, instructed by KH Lam & Co, for the plaintiff

Ms Jacquelyn Ng, instructed by Ince & Co, for the defendant