Read the full judgment text of HCCT000062/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 October 1999 before The Hon Mr Justice Findlay, in Chambers.
Construction law - Contract variations - Requirement for further and better particulars - Plaintiff subcontractor claiming over $5 million for variation works - Contract clauses stipulated written instructions, agreed rates or supporting documents, cost estimates, and approval by quantity surveyor - Defendant seeks particulars as to compliance with these clauses - Plaintiff refuses to provide particulars on many contractual issues claiming not part of pleaded case - Court finds plaintiff’s case ambiguous with mix of contract and quantum meruit claims - Court orders plaintiff to specify which claims are contract-based with particulars of compliance and which are quantum meruit claims - Plaintiff ordered to provide full particulars except one request within 28 days or amend pleadings accordingly - Plaintiff ordered to pay defendant’s costs of application - Discovery summons adjourned pending completion of pleadings. The judgment emphasises clarity in pleading and preparation for trial to avoid wasted costs and issue ambiguity.
Legal issues: Requirement for particulars of compliance with contract variation clauses · Entitlement to further and better particulars relating to contract terms · Costs order for the summons for further and better particulars · Adjournment of discovery summons pending clarification of pleadings
Outcome: The defendant’s application for further and better particulars was granted in part. The plaintiff was ordered to provide further particulars, except for one request (request 25). The plaintiff was ordered to pay the defendant’s costs of the application. The plaintiff’s summons for discovery was adjourned.