Read the full judgment text of HCCT103/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 May 2001 before Hon Burrell J in Chambers.
Construction and Arbitration — Pleadings — Further and better particulars — Adequacy and specificity of particulars in Defence — Whether answering plaintiff's requests by referencing witness statements or listing extensive irrelevant documentation sufficient — Order 18, rule 19 application to strike out Defence paragraphs — Court reluctant to strike out pleadings at early procedural stage — Made unless order requiring proper particulars within fixed time — Costs associated with defective particulars application considered — Plaintiff entitled to costs order nisi — Issue concerns construction project's delays and alleged contractor default — Defendant failed to specify relevant variations, discrepancies, and extensions of time affecting diligent progress — Court confirms practice in requiring particulars to enable proper case preparation and avoid ambush or unfair surprise — Striking out reserved but opportunity to cure inadequacies given — Judgment delivered by Hon Burrell J on 9 May 2001 in High Court of Hong Kong SAR Court of First Instance Construction and Arbitration Proceedings No.103 of 1999.
Legal issues: Proper provision of further and better particulars · Costs in relation to Order 18, rule 19 summons
Outcome: Plaintiff's application to strike out paragraphs 10-13 adjourned sine die with liberty to restore after 40 days; defendant ordered to serve further and better particulars within 40 days on an 'unless' basis; costs order nisi to the plaintiff.