Read the full judgment text of HCCT000003A/1996 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 February 1999 before The Hon Mr Justice Findlay.
Procedure — Leave to amend defence and counterclaim — Alternative pleading — Agency and consensual novation — Document discovery — Order for further verified list of documents — Costs — High Court considered applications by Mansion Holdings for leave to amend pleadings to include alternative case scenarios involving consensual novation and agency, and for enhanced disclosure by Tridant Engineering Company Limited of as-built construction drawings and financial documents. The court held that alternative pleading is permissible even if inconsistent; the amendment was allowed. Due to Tridant's unreliability in document disclosure, the court ordered further verification and explanation of the existence of approved as-built drawings and financial documents. Costs were ordered on a split basis: Mansion Holdings to pay costs of the application on an unopposed basis, Tridant to bear costs of opposing leave, and to pay for the disclosure application. The court emphasized parties' entitlement to thorough disclosure and defined cost consequences reflecting conduct in the applications.
Legal issues: Leave to amend defence and counterclaim · Order for further verified list of documents · Costs of applications
Outcome: Leave to amend defence and counterclaim granted; further verified list of documents ordered; costs orders nisi made accordingly.