Read the full judgment text of HCCT45/99 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 June 1999 before The Hon. Mr. Justice Sakhrani.
Civil procedure — specific discovery application — prematurity — pleadings not closed — amended statement of claim and defence — construction and arbitration list. The Plaintiff filed an amended statement of claim on 4 June 1999 and sought specific discovery before the Defendant’s amended defence and counterclaim were served. The Court found the application premature as the issues to be raised had not been finalized. The Plaintiff also brought an O.14 summons for final judgment for a specified sum. The Court dismissed the specific discovery application and ordered costs to the Defendant. The amended pleadings must be complete before such discovery applications are entertained.
Legal issues: Prematurity of specific discovery application
Outcome: Application for specific discovery dismissed as premature