Read the full judgment text of HCCT 64/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 May 2022 before Hon Mimmie Chan J in Chambers.
Construction contract dispute — Delay in trial preparation — Late exchange of witness statements — Late expert evidence application — Adjournment of trial — Costs apportionment. The Plaintiff claimed outstanding payments for contract works under a project on Henderson Road, with the Defendants counterclaiming for defects and delay. Directions for trial and expert evidence were issued in April 2021, but witness statements and expert instructions were significantly delayed, only exchanged in early 2022. Multiple late applications were made by both parties triggering disruption and requiring adjournment of trial originally set for 20 June 2022. The Court granted the Defendants' late expert evidence application as necessary for just resolution but ordered adjournment and gave parties 21 days to agree on expert directions. Late supplemental discovery by the Plaintiff was allowed with conditions following an affidavit explanation. Costs were apportioned taking into account procrastination and delay by both parties, with specific costs awarded and shared accordingly. Further management directions were ordered to review the case and fix new trial dates.
Legal issues: Adjournment of trial due to late expert evidence application · Costs apportionment for adjournment applications and related summonses · Supplemental List of documents and late discovery
Outcome: Trial adjourned; Defendants’ expert evidence applications granted; costs orders nisi made with shared responsibility between parties
Cited by 1 case · Cites 2 cases