Read the full judgment text of HCCT 60/2006 on BabelCite. This HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS judgment was delivered on 15 February 2011 before Deputy High Court Judge L. Chan in Chambers.
Procedure — Case management — Expert evidence — Application to change expert after preparation of new expert report without prior leave — Plaintiff sought to rely on report by Mr Cook instead of earlier experts Wu and Cheung due to alleged unavailability — Court declined to allow late change as there was no prior application made and trial dates were not fixed — No adequate explanation for delay — Court emphasized safeguarding case management discretion and fairness to opposing party — Defendant's summons to debar late filing granted except allowed amendments and expert evidence by original experts — Plaintiff permitted to file amended pleadings and expert report by Wu and Cheung — Orders made for timetable and directions for expert meetings and case management — Costs awarded to defendant on application for change and related costs. The judgment illustrates the court's strict approach to late changes of expert evidence without prior application and the necessity of timely compliance with case management directions in construction disputes before the High Court of Hong Kong.
Legal issues: Change of expert report
Outcome: Plaintiff's application for change of expert dismissed; Cook report disallowed; plaintiff permitted to file amended reply and defence to counterclaim and expert report by Wu and Cheung in reply
Cites 2 cases