LAW KIN BONG TRADING AS K.B. LAW & ASSOCIATES v. 中國鐵路工程總公司 AND ANOTHER

LAW KIN BONG TRADING AS K.B. LAW & ASSOCIATES v. 中國鐵路工程總公司 AND ANOTHER

The application for un-redacted disclosure was dismissed because the Plaintiff failed to demonstrate that the un-redacted Main Contract final account, Volumes 5 and 6 or the Engineer's revised certificate were relevant to the pleaded claims or necessary for the expert's instructed assessment; the application amounted to a fishing expedition and the Defendant's sworn statements and existing discovery (site diaries) were sufficient.

Citation
LAW KIN BONG TRADING AS K.B. LAW & ASSOCIATES v. 中國鐵路工程總公司 AND ANOTHER
Parties
Plaintiff (sub Contractor): Law Kin Bong trading as K.B. Law & Associates; Defendant (main Contractor): Defendant (Main Contractor)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2011
Case Number
HCCT20/2009
Procedural Posture
Construction and Arbitration Proceedings / Interlocutory Discovery Application — Decision on Specific Discovery
Outcome
Summons dismissed
Legal Topics
Discovery, Specific Discovery, Relevance, Commercial Confidentiality, Quantum of Damages
Source Language
EN
Construction Law Civil Procedure Evidence Contract Law Discovery Specific Discovery Relevance Commercial Confidentiality +1 more

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Parties

Law Kin Bong trading as K.B. Law & Associates

Plaintiff (sub Contractor)

Defendant (Main Contractor)

Defendant (main Contractor)

Procedural Posture

Construction and Arbitration Proceedings / Interlocutory Discovery Application — Decision on Specific Discovery

Legal Issues

  1. 1 Whether un-redacted Main Contract final account and related documents are relevant to the Plaintiff's pleaded claims and therefore subject to disclosure
  2. 2 Whether the Plaintiff's application is a fishing expedition
  3. 3 Whether redacted documents already supplied constitute adequate discovery

Ratio Decidendi

The application for un-redacted disclosure was dismissed because the Plaintiff failed to demonstrate that the un-redacted Main Contract final account, Volumes 5 and 6 or the Engineer's revised certificate were relevant to the pleaded claims or necessary for the expert's instructed assessment; the application amounted to a fishing expedition and the Defendant's sworn statements and existing discovery (site diaries) were sufficient.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Summary assessment of costs on the papers on 16 January 2012 at 9:30 am; no attendance required