Read the full judgment text of HCCT000040A/1996 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 September 1998 before The Hon Mr Justice Findlay.
Procedure — Further particulars and interrogatories — Construction contract dispute involving a sub-sub-contractor (plaintiff) and sub-contractor (defendant) — Claims relating to work and materials supplied and counterclaims for remedial works — Defendant relies on 'pay when paid' clause and pleads a duty of co-operation — Plaintiff seeks further particulars on defence and counterclaim and to compel answers to interrogatories — Court orders defendant to supply particulars essential for plaintiff to know the case including details of costs, locations, breaches and contractual obligations — Particulars relating to receipt of notices for remedial work and payment details refused — Interrogatories relevant to the contractual relationship and payment issues must be answered while irrelevant ones rejected — Defendant’s partial success in providing particulars and interrogatories insufficient — Costs ordered in favour of plaintiff. The defendant must clarify its defence to enable fair trial preparation and avoid prejudice to the plaintiff. Orders for further particulars and answers to interrogatories made with specified timelines.
Legal issues: Further particulars relating to paragraphs 17 and 18 of the defence · Whether certain interrogatories should be answered
Outcome: The defendant is ordered to provide further and better particulars to the plaintiff in relation to paragraphs 17 and 18 of the defence within 30 days and to answer specified interrogatories within 30 days. Costs are ordered in favour of the plaintiff.