3 Aug 2015
ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD
- Citation
- ETERNITY CONTRACTING & ENGINEERING CO LTD v. THE JARDINE ENGINEERING CORPORATION, LTD
- Court
- Court of First Instance
- Case number
- HCCT33/2007
The defendant's strike out application was dismissed because the defendant failed to demonstrate prejudice from the plaintiff's delay and had itself been passive; however the court held that the alleged oral variation of the Instruction to Sub-contractor and the alternative claims under Cap 457 and quantum meruit were substantive bases of claim that must be pleaded in the statement of claim, not in a reply, and accordingly granted leave to file a reply limited to excluding those pleaded variations and alternative claims; consequential costs orders and case management directions were made.