Read the full judgment text of HCCT000066A/1996 on BabelCite. This High Court of the Hong Kong SAR Court of First Instance judgment was delivered on 12 February 1999 before The Hon Mr Justice Findlay.
Civil procedure — Amendment of pleadings — Alternative and inconsistent pleadings permissible — Agency and consensual novation in construction contract dispute — Document disclosure — Importance of as-built drawings and financial records — Reliability of parties in document disclosure — Costs allocation. In a dispute between Tridant Engineering Company Limited and Mansion Holdings Limited concerning construction contracts, Mansion Holdings sought leave to amend its defence and counterclaim to include alternative claims based on consensual novation and agency involving Mansion Fire Engineering Company Limited. The court held that pleading alternative inconsistent cases is allowed and granted leave to amend accordingly. Mansion Holdings also sought an order for further verified document disclosure as to as-built drawings approved by the architect and supporting financial documents, which the court granted due to Tridant's inadequate disclosure and explanation. Costs for the document disclosure application were ordered against Tridant; regarding amendment application costs, as it should not have been opposed, an order nisi was made that Tridant bear the costs related to opposing the amendment. Judgment delivered on 12 February 1999 by The Hon Mr Justice Findlay in Chambers.
Legal issues: Leave to amend defence and counterclaim · Order for further verified list of documents · Costs of the applications
Outcome: Leave to amend defence and counterclaim granted; order for further verified list of documents granted; costs orders made.