MANSION FIRE ENGINEERING CO. LTD. v. TRIDANT ENGINEERING CO. LTD.

MANSION FIRE ENGINEERING CO. LTD. v. TRIDANT ENGINEERING CO. LTD.

Leave to amend was granted because a party is entitled to plead alternative inconsistent cases and Mansion Holdings' proposed amendments were permissible; Tridant was ordered to serve a further verified list of documents (including architect-approved as-built drawings and supporting financial records) because Tridant had not satisfactorily demonstrated the existence or completeness of those documents; costs orders were made as stated by the judge (orders nisi).

Citation
MANSION FIRE ENGINEERING CO. LTD. v. TRIDANT ENGINEERING CO. LTD.
Parties
Plaintiff (con 3): TRIDANT ENGINEERING COMPANY LIMITED; Defendant (con 3): MANSION HOLDINGS LIMITED; Plaintiff (con 66): MANSION FIRE ENGINEERING COMPANY LIMITED; Defendant (con 66): TRIDANT ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 February 1999
Case Number
HCCT66/1996
Procedural Posture
Civil (contract Dispute Novation and Agency) / Interlocutory Applications (leave to Amend; Further Disclosure)
Outcome
Leave to amend granted; order for further verified list of documents granted; costs ordered (see orders).
Legal Topics
Consensual Novation, Agency (servant or Agent), Amendment of Pleadings, List of Documents / Verification, Costs Orders
Source Language
EN
Contract Agency Civil Procedure Disclosure/discovery Costs Consensual Novation Agency (servant or Agent) Amendment of Pleadings +2 more

Case Brief

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Parties

TRIDANT ENGINEERING COMPANY LIMITED

Plaintiff (con 3)

MANSION HOLDINGS LIMITED

Defendant (con 3)

MANSION FIRE ENGINEERING COMPANY LIMITED

Plaintiff (con 66)

TRIDANT ENGINEERING COMPANY LIMITED

Defendant (con 66)

Procedural Posture

Civil (contract Dispute Novation and Agency) / Interlocutory Applications (leave to Amend; Further Disclosure)

Legal Issues

  1. 1 Whether Mansion Holdings should be granted leave to amend its defence and counterclaim to plead novation, intention that Mansion Fire perform the work, and a fall-back agency-based counterclaim
  2. 2 Whether Mansion Holdings must plead particulars of agency when its pleading is a fall-back 'if agency' case rather than a positive agency case
  3. 3 Whether Tridant must serve a further verified list of documents including as-built drawings approved by the architect and financial records supporting claimed losses/expenses

Ratio Decidendi

Leave to amend was granted because a party is entitled to plead alternative inconsistent cases and Mansion Holdings' proposed amendments were permissible; Tridant was ordered to serve a further verified list of documents (including architect-approved as-built drawings and supporting financial records) because Tridant had not satisfactorily demonstrated the existence or completeness of those documents; costs orders were made as stated by the judge (orders nisi).

Court Disposition

Leave to amend granted; order for further verified list of documents granted; costs ordered (see orders).

Orders

  • There will be an order in terms of paragraphs 1 and 2 of the summons of 31 December 1998 granting Mansion Holdings leave to amend its defence and counterclaim in Con 3 as sought.
  • An order in terms of paragraphs 1 and 2 of the summons by Mansion Holdings dated 2 February 1999 that Tridant serve a further verified list of documents including as-built construction drawings as approved by the architect and financial documents supporting losses and expenses allegedly suffered.