Read the full judgment text of HCCT 2/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 January 2002 before Hon Ma J in Chambers.
Civil Procedure — Construction and Arbitration Proceedings — Further and Better Particulars — Unless Order — Failure to Comply — Striking Out Pleadings — Costs on Indemnity Basis. Plaintiff claimed contract balance and damages; defendant counterclaimed alleging breaches including delay and defective works. Plaintiff requested further particulars multiple times; defendant provided inadequate and repetitive responses. Court issued unless order requiring proper particulars within time. Defendant failed to comply satisfactorily without affidavit or adequate explanation. Court applied principles from Grand Metropolitan v Evans and Hytec v Coventry confirming unless orders are last resort and failure leads to sanctions unless excused by compelling evidence. Defendant’s failure found intentional and contumelious. Court struck out specified parts of defence and counterclaim and ordered costs on indemnity basis. This enforces compliance with procedural rules and ensures efficiency and fairness in pre-trial processes in construction disputes.
Legal issues: Failure to comply with unless order for further and better particulars
Outcome: Parts of the Defence and Counterclaim and paragraph 2 of the Prayer to the Counterclaim struck out for failure to comply with the unless order; costs on indemnity basis awarded to plaintiff
Cited by 13 cases