28 Feb 2012
JOHNSON CONTROLS HONG KONG LTD v. ASSOCIATED ENGINEERS LTD
- Citation
- JOHNSON CONTROLS HONG KONG LTD v. ASSOCIATED ENGINEERS LTD
- Court
- Court of First Instance
- Case number
- HCCT47/2011
The Striking Out Summons was dismissed because the plaintiff failed to establish requisite prejudice and abuse of process from the defendant's delay; the Amendments Summons was allowed in part — the court permitted the addition of an indemnity-based counterclaim (arguably not time barred because accrual depends on clause construction and loss ascertainment) and permitted amendments quantifying additional labour and rectification costs, but disallowed new factual particulars and new allegations of breaches because they would cause irreparable prejudice not compensable by costs.