HSIN CHONG (FOUNDATIONS) LTD. v. CHINA OVERSEAS FOUNDATION ENGINEERING LTD.

HSIN CHONG (FOUNDATIONS) LTD. v. CHINA OVERSEAS FOUNDATION ENGINEERING LTD.

The court ordered that items 1–3 were not pursued and no order was made; item 4 (employment contracts, timesheets, payment and salary records) required the defendant to provide further particulars and to produce supporting documents with permissible editing for irrelevant confidential information while providing copies of edited documents; item 5 (banking records) was dismissed; costs: defendant to pay one third of the plaintiff's costs of and arising from the application.

Citation
HSIN CHONG (FOUNDATIONS) LTD. v. CHINA OVERSEAS FOUNDATION ENGINEERING LTD.
Parties
Plaintiff (hcct45/2000); Defendant (hcct54/2000): CHINA OVERSEAS FOUNDATION ENGINEERING LIMITED; Defendant (hcct45/2000); Plaintiff (hcct54/2000): HSIN CHONG (FOUNDATIONS) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 2001
Case Number
HCCT54/2000
Procedural Posture
Construction and Arbitration Proceedings / Chambers Hearing on Summons for Specific Discovery (interlocutory Application)
Outcome
Application partly granted and partly dismissed; costs ordered
Legal Topics
Specific Discovery, Employment Records, Banking Records, Particulars, Confidentiality and Redaction
Source Language
EN
Civil Procedure Discovery Construction Law Costs Specific Discovery Employment Records Banking Records Particulars +1 more

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Parties

CHINA OVERSEAS FOUNDATION ENGINEERING LIMITED

Plaintiff (hcct45/2000); Defendant (hcct54/2000)

HSIN CHONG (FOUNDATIONS) LIMITED

Defendant (hcct45/2000); Plaintiff (hcct54/2000)

Procedural Posture

Construction and Arbitration Proceedings / Chambers Hearing on Summons for Specific Discovery (interlocutory Application)

Legal Issues

  1. 1 Whether the plaintiff is entitled to specific discovery of five categories of documents
  2. 2 Whether the defendant must provide further particulars and produce employment documentation
  3. 3 Whether banking records request should be dismissed

Ratio Decidendi

The court ordered that items 1–3 were not pursued and no order was made; item 4 (employment contracts, timesheets, payment and salary records) required the defendant to provide further particulars and to produce supporting documents with permissible editing for irrelevant confidential information while providing copies of edited documents; item 5 (banking records) was dismissed; costs: defendant to pay one third of the plaintiff's costs of and arising from the application.

Court Disposition

Application partly granted and partly dismissed; costs ordered

Orders

  • Items 1, 2 and 3 of the schedule are not pursued and no order is made
  • Defendant to provide further particulars detailing its claim and answering requests in paragraphs 4.1 and 4.2 of Lovells letter dated 5 March 2001 and to produce documents in support; confidential irrelevant information may be edited with copies of edited documents produced