Read the full judgment text of HCCT120/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 July 2002 before Hon Ma J.
Construction Law — Discovery — Specific Discovery application under Order 24, rule 7 — Plaintiff seeking documents related to contractual status and quantum — Defendant's claim that some documents do not exist or have been provided, requiring verification on oath — Licence borrowing/lending arrangement between 1st and 2nd defendants affecting tender to ASD — Whether 1st Defendant must disclose documents requested. The court held that the plaintiff made out a prima facie case for discovery under the relevant rules, considering the documents' relevance and the defendant's possession or power over them. An order for disclosure was made and the defendant’s explanations had to be verified under oath in light of possible inaccuracies and amendments. The documents concerning the licence borrowing/lending arrangement must be disclosed as they are central to the issues in dispute.
Legal issues: Application for Specific Discovery under Order 24, rule 7
Outcome: Specific discovery ordered against the 1st defendant
Cited by 1 case