Read the full judgment text of HCCT 43/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 December 2020 before Hon Mimmie Chan J in Chambers.
Construction and Arbitration Proceedings — Contract Dispute — Works Contract and Partial Handover — Extension of Time and Delay Claims — Particulars of Defence and Counterclaim — Production of Documents — Order 24 Rules — Necessity and Relevance of Document Production. KH FOUNDATIONS LIMITED pursued a claim against CHUN YIP CONSTRUCTION COMPANY LIMITED for payment under a 2014 Works Contract for piling and foundation works at a Deep Water Bay residential development. The Defendant denied a 2015 Supplemental Agreement and claims regarding extension of time, counterclaiming for contra charges and liquidated damages due to delays. The issue arose whether particulars regarding the alleged partial handover proposal and a mutual agreement on omitted works should be ordered. The Court held the Plaintiff was entitled to particulars to avoid surprises and to secure fair trial, while detailed breakdowns of concurrent delay events (Annex G) were better dealt with via expert evidence. On document production, the Superstructure Works contract was directly referred to in the Defence; the Defendant’s redactions for confidentiality were insufficient to withhold the document, given its central relevance to claims and counterclaims. Orders were granted for production of the full contract and for specified particulars, with cost orders in favour of the Plaintiff. The decision illustrates balancing of procedural fairness in pleadings and discovery against avoiding prolixity and protecting confidentiality claims in related-party contracts in construction litigation.
Legal issues: Particulars of proposal for Partial Handover Arrangement · Particulars of mutual agreement on omission of works · Particulars of concurrent delay events in Annex G · Production of unredacted Superstructure Works contract
Outcome: 就詳述申請的第1及第3項得令，關於生產申請亦獲支持。被告須承擔詳述申請50%費用及生產申請全費，並頒令律師費證書。
Cites 2 cases