MOHAMMED SHABIR v. MARBOLOY ENGINEERING LTD AND OTHERS

MOHAMMED SHABIR v. MARBOLOY ENGINEERING LTD AND OTHERS

The appeal succeeds in part: the Master's dismissal is set aside and limited discovery orders are made because the appeal was necessary to obtain that relief; however, because the plaintiff's original discovery requests were substantially wider than the relief ultimately obtained, the plaintiff is entitled only to half costs both of the appeal and of the application before the Master.

Citation
MOHAMMED SHABIR v. MARBOLOY ENGINEERING LTD AND OTHERS
Parties
Plaintiff: Mohammed Shabir; 1st Defendant: Marboloy Engineering Limited; 2nd Defendant: China State Construction Engineering (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2006
Case Number
HCPI777/2004
Procedural Posture
Personal Injuries Action / Appeal From Master's Dismissal of Specific Discovery Application
Outcome
Appeal allowed in part; Master's order dismissing specific discovery set aside and replaced by limited discovery orders; costs awarded to plaintiff at half costs both below and on appeal.
Legal Topics
Specific Discovery, Costs of Interlocutory Applications and Appeals, Calderbank Offers/without Prejudice Correspondence, Judicial Discretion on Costs
Source Language
EN
Personal Injury Civil Procedure Discovery Costs Law Specific Discovery Costs of Interlocutory Applications and Appeals Calderbank Offers/without Prejudice Correspondence Judicial Discretion on Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohammed Shabir

Plaintiff

Marboloy Engineering Limited

1st Defendant

China State Construction Engineering (Hong Kong) Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Appeal From Master's Dismissal of Specific Discovery Application

Legal Issues

  1. 1 Whether the Master erred in dismissing the plaintiff's application for specific discovery
  2. 2 Whether the costs order made by the Master should be set aside or varied
  3. 3 Whether without prejudice correspondence relied on as Calderbank offers could justify costs in favour of defendants

Ratio Decidendi

The appeal succeeds in part: the Master's dismissal is set aside and limited discovery orders are made because the appeal was necessary to obtain that relief; however, because the plaintiff's original discovery requests were substantially wider than the relief ultimately obtained, the plaintiff is entitled only to half costs both of the appeal and of the application before the Master.

Court Disposition

Appeal allowed in part; Master's order dismissing specific discovery set aside and replaced by limited discovery orders; costs awarded to plaintiff at half costs both below and on appeal.

Orders

  • Master's order dismissing the plaintiff's application for specific discovery set aside
  • 1st and 3rd defendants to file within seven days an affidavit stating whether they have or had in their possession custody or power (or had been but are no longer in possession, stating when parted with and what became of) wage records for gross and net earnings for 12 months prior to 4 December 2003, IRD returns...