Read the full judgment text of HCCT 33/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 August 2022 before Deputy High Court Judge H. Au-Yeung.
Construction and arbitration proceedings — Contractual dispute over supply of aluminium system formwork — Alleged breaches including defects, failure to deliver timely, and supply of wrong materials — Defendant counterclaimed substantial damages — Single joint expert opined formwork was fit for purpose, defects attributed to defendant’s workmanship — Defendant abandoned counterclaim and failed to engage counsel or cooperate with expert procedures — Plaintiff applied for leave to discontinue action — Court applies Order 21 rule 3(1), requiring good reason and costs on usual principle that costs follow event — Plaintiff showed good reason as defendant ceased participation and failed to comply with court orders — Expert report favored plaintiff and trial appearance by defendant unlikely — Court granted leave to discontinue and ordered defendant to pay plaintiff’s costs — Trial dates vacated and security for costs paid out to plaintiff’s solicitors.
Legal issues: Leave to discontinue the action and costs order
Outcome: Leave granted to plaintiff to discontinue action; defendant ordered to pay plaintiff’s costs; trial dates vacated; security for costs paid out to plaintiff.
Cited by 5 cases · Cites 2 cases