Read the full judgment text of HCCT 51/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 November 2013 before Hon L Chan J.
Construction and arbitration proceedings — discovery of documents — discovery order against defendant despite previous affirmations of non-possession — plaintiff’s dissatisfaction with produced documents from Official Receiver’s file — plaintiff sought that affirmation on discovery be sworn by director in charge, Mr C Y Hui, instead of E&M manager, Mr Lee — court held no basis to require affirmation by Mr Hui, as Mr Lee had conducted searches and swore affirmations — it is not necessary for only the project head to swear to discovery results — application dismissed with costs to defendant — no costs orders for prior hearings. Plaintiff’s application for affirmation by Mr Hui was refused, reaffirming that proper persons who conducted searches may give discovery affirmations.
Legal issues: Application for discovery by a different deponent · Validity and ordering of discovery
Outcome: Application for affirmation by Mr Hui dismissed with costs payable by plaintiff to defendant; no order as to costs for previous hearings.
Cited by 1 case