Read the full judgment text of HCCT 72/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 October 2002 before Deputy High Court Judge A Cheung.
Construction and arbitration — performance bond enforcement — interim arbitral award obtained by Plaintiff against main contractor — Defendant insurer resisting liability under performance bond, relying on challenge to binding effect of arbitral award — O.14 application for judgment against Defendant — Defendant seeks discovery of documents relating to underlying dispute to demonstrate arguable defence tendered by main contractor — Court holds Defendant must show not only that arbitral award is arguably not binding but also that main contractor has an arguable defence on underlying claim — Consequently, discovery necessary to allow Defendant to meet this burden — Delay in application explained and not prejudicial — Discovery application granted with extension of time — Costs awarded to Defendant as successful party.
Legal issues: Scope of discovery in O.14 application
Outcome: Application for discovery granted; costs awarded to Defendant
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