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

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

Items 1–3 were not pursued; the court ordered the defendant to provide further and better particulars and to produce documents supporting those particulars for employment-related records (with permitted redaction for irrelevant confidential material); the application for banking records was dismissed; costs of the application were apportioned with the defendant to pay one third of the plaintiff's costs.

Citation
CHINA OVERSEAS FOUNDATION ENGINEERING LTD. v. HSIN CHONG (FOUNDATIONS) 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
HCCT45/2000
Procedural Posture
Construction and Arbitration Proceedings / Discovery Application Decided in Chambers (summons Dated 31 January 2001)
Outcome
Summons partially granted and partially dismissed as set out in court orders; costs awarded against defendant in part.
Legal Topics
Specific Discovery, Employment Records, Banking Records, Further and Better Particulars, Costs Allocation
Source Language
EN
Civil Procedure Discovery Construction Law Costs Specific Discovery Employment Records Banking Records Further and Better Particulars +1 more

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 1
Sign in to unlock

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 / Discovery Application Decided in Chambers (summons Dated 31 January 2001)

Legal Issues

  1. 1 Whether the defendant must provide specific discovery of employment contracts, timesheets, payment records and salary records
  2. 2 Whether banking records must be disclosed to the plaintiff
  3. 3 Whether and how costs of the discovery application should be apportioned

Ratio Decidendi

Items 1–3 were not pursued; the court ordered the defendant to provide further and better particulars and to produce documents supporting those particulars for employment-related records (with permitted redaction for irrelevant confidential material); the application for banking records was dismissed; costs of the application were apportioned with the defendant to pay one third of the plaintiff's costs.

Court Disposition

Summons partially granted and partially dismissed as set out in court orders; costs awarded against defendant in part.

Orders

  • Items 1, 2 and 3 of the schedule not pursued — no order made.
  • Defendant to provide further and better particulars answering paragraphs 4.1 and 4.2 of Lovells letter dated 5 March 2001 and to produce documents supporting those particulars; confidential irrelevant material may be edited and copies of edited documents must be produced.