Read the full judgment text of HCCT24/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 March 2007 before Hon Burrell J.
Procedure — Further discovery — Order 24, rule 7 — Construction and arbitration proceedings — Application for documents relating to variation works, payment certificates, and prolongation claims — Plaintiff sub-contractor seeking discovery against main contractor defendant — Relevant documents partially discovered by defendant but with edits or concealments — Court refuses fishing expeditions and limits discovery to narrowly tailored, relevant documents that may lead to a proper inquiry — Costs submissions heard — No order as to costs given the partially successful but amended nature of plaintiff’s application. The plaintiff, a steel and metal works sub-contractor, applied for further discovery in respect of seven categories of documents but abandoned or narrowed several. The court found that documents relating to other sub-contracts or excessively broad quantities and rates were irrelevant or disproportionate. Partial discovery was ordered only for specific parts of payment applications and final account documents, and certain prolongation claim documents. The defendant had already made a conscientious attempt at discovery. Costs were reserved and ultimately no order as to costs was made to fairly balance the competing positions.
Legal issues: Scope of further discovery under Order 24, rule 7 · Costs order for the discovery summons
Outcome: Plaintiff’s application for further discovery partly granted and partly dismissed; no order as to costs.