Read the full judgment text of HCCT 24/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 November 2021 before Hon Mimmie Chan J.
Procedure — Construction dispute — Expert evidence — Single Joint Expert — Expert report withheld due to non-payment of expert costs — Security for costs — Petition for winding up company — Application to vacate fixed trial dates — Adjournment granted — Costs order. CHEERISE ASIA LIMITED sued ADVANCE ENGINEERING (DEVELOPMENT) LIMITED in a construction and arbitration proceeding with a trial fixed for November 2021. Defendant applied for security for costs and to vacate trial dates citing the Plaintiff’s winding-up petition and non-payment of expert costs causing expert report to be withheld. Court ordered security payment which Plaintiff furnished at the last moment. Plaintiff delayed payment of expert costs ordered by court; expert refused to release report. Court found Plaintiff liable for expert costs and no good excuse for delay. Defendant failed to adequately mitigate impact by timely payment or release of report. Petition raised risks that justified adjournment of trial to ensure just resolution and cost-effectiveness. Trial bundles were inadequately prepared by Plaintiff. Court granted adjournment on condition report be filed by 19 November 2021 and set further review hearing. Costs of adjournment divided equally with Defendant paying 50%. Trial disruption was due to both parties’ lack of communication and cooperation.
Legal issues: Application to vacate trial dates · Liability for and payment of expert costs
Outcome: Trial adjourned with conditions; Defendant to pay 50% of the costs occasioned by the adjournment; remaining costs borne by parties themselves.
Cited by 1 case