Read the full judgment text of HCCT000005A/1987 on BabelCite. This HIGH COURT judgment was delivered on 23 May 1991 before Godfrey J.
Procedure — Pleadings — Traverse of negative allegation — Whether particulars of defendant's case required — Contract — Development agreement — "Best endeavours" clause — Plaintiff alleged Government failed to use best endeavours to facilitate development of Tin Shui Wai project; defendant denied breach. Court clarified that denial of a negative allegation is a bare traverse unless it conceals an affirmative case. Defendant’s denial held to be bare traverse without affirmative case needing particulars. Application for particulars thus dismissed. Trial ongoing with plaintiff’s case closed. Costs awarded against plaintiff.
Legal issues: Particulars of traverse of negative allegation
Outcome: Application for particulars dismissed with costs