Read the full judgment text of HCCT000005B/1987 on BabelCite. This HIGH COURT judgment was delivered on 6 June 1990 before Godfrey, J..
Civil Procedure — Pleadings — Whether defendant is obliged to amend defence to lead evidence on design and build contract negotiations — Contractual obligations concerning land development at Tin Shui Wai — Clause 11(a) and (c) of 29 July 1982 agreement — Defendant entitled to rely on historical negotiations as evidence without further pleading amendments — Plaintiff aware of negotiations background — Pleading requirements on extraordinary circumstances extending reasonable time — Government standards of reasonable conduct — No extraordinary circumstances pleaded by defendant — Authorities on reasonable time and pleading requirements considered — Judgment directs admissibility of evidence on negotiations relevant to proving or disproving breach of best endeavours obligation — Defendant to plead extraordinary circumstances if relied upon — Outcome: defendant entitled to lead evidence without further pleading amendments; trial proceeds with evidence on negotiations permitted.
Legal issues: Admissibility of evidence on negotiations of design and build contracts · Obligation to plead extraordinary circumstances extending reasonable time
Outcome: Defendant entitled to lead evidence on negotiations of design and build contracts without amending the defence.