HONOR ENGINEERING LTD v. HING FAT MACHINERY & ELECTRICAL ENGINEERING CO LTD

HONOR ENGINEERING LTD v. HING FAT MACHINERY & ELECTRICAL ENGINEERING CO LTD

The application for production for inspection was dismissed because the plaintiff failed to demonstrate a prima facie case that the defendant has a presently enforceable legal right (power) to obtain the REC Contract from Full Harvest; consequently no order for inspection could be made and the court would not re-determine matters already disposed of by Master SP Yip.

Citation
HONOR ENGINEERING LTD v. HING FAT MACHINERY & ELECTRICAL ENGINEERING CO LTD
Parties
Plaintiff: Unknown Plaintiff; Defendant: Unknown Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 May 2014
Case Number
DCCJ3397/2012
Procedural Posture
Civil Discovery Application / Paper Determination (master WY Ho in Chambers)
Outcome
Plaintiff's application for production for inspection of item 2 (the REC Contract) dismissed; costs ordered to defendant (nisi).
Legal Topics
Specific Discovery, Inspection, Possession Custody or Power, Subcontractor Arrangements
Source Language
EN
Civil Procedure Discovery Contract Law Costs Specific Discovery Inspection Possession Custody or Power Subcontractor Arrangements

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Parties

Unknown Plaintiff

Plaintiff

Unknown Defendant

Defendant

Procedural Posture

Civil Discovery Application / Paper Determination (master WY Ho in Chambers)

Legal Issues

  1. 1 Whether the REC Contract is discoverable and subject to inspection
  2. 2 Whether the defendant has possession, custody or power over the REC Contract
  3. 3 Whether the court may determine discovery of Interim Payment Applications contrary to prior order of Master SP Yip

Ratio Decidendi

The application for production for inspection was dismissed because the plaintiff failed to demonstrate a prima facie case that the defendant has a presently enforceable legal right (power) to obtain the REC Contract from Full Harvest; consequently no order for inspection could be made and the court would not re-determine matters already disposed of by Master SP Yip.

Court Disposition

Plaintiff's application for production for inspection of item 2 (the REC Contract) dismissed; costs ordered to defendant (nisi).

Orders

  • Application for inspection of the REC Contract dismissed.
  • Costs of this application, including costs reserved by Master SP Yip on 18 November 2013, to the defendant, to be taxed if not agreed.