Read the full judgment text of HCCT000124/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 March 1998 before Hon Mr Justice Findlay.
Procedure – Failure to provide adequate particulars in statement of claim – Court ordered plaintiffs to serve further particulars by a specified date but plaintiffs’ replies found inadequate – Defendants sought striking out claim – Court allowed plaintiffs leave to amend claim and gave final opportunity to supply particulars with a fixed new deadline – Court awarded costs of application on indemnity basis to defendants due to plaintiffs’ failure causing unnecessary costs – Court reluctant to strike out claim without giving plaintiffs final chance – Draft consent order to be entered enforcing deadline and consequences of non-compliance.
Legal issues: Whether to strike out claim for failure to supply particulars · Costs on indemnity basis for failure to supply particulars
Outcome: Plaintiffs granted leave to amend statement of claim; plaintiffs ordered to serve particulars by 23 April 1998 or claim struck out; plaintiffs ordered to pay defendants’ costs on an indemnity basis.