XCHRX OCEAN MORE ENTERPRISES LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC. AND ANOTHER and WAN CHUNG HOLDINGS LTD. (Third Party)

1997, No. HCCT 12

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION & ARBITRATION PROCEEDINGS

NO. 12 OF 1997

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J U D G M E N T

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1. I am satisfied that the 2nd Defendant is entitled to the order that it seeks for specific discovery of all correspondence between the architects and the Building Department including all submitted drawing/plans. An important issue in these proceedings is whether the 2nd Defendant has delayed completion of the works and if so, to what extent it has delayed the works.

2. The affidavit of Mr. Joseph Wong shows that the 2nd Defendant's expert requires all the correspondence and plans submitted by the Plaintiff's architect to the Building Department, to ascertain whether or not the delay was in fact caused by late submission of drawing and plans by the architect or whether the delay was caused by the 2nd Defendant in the completion of the works. These are documents which relate to the issues in the action and as such they ought to be disclosed.

3. I make an order in the terms of paras. 1 and 2 of the summons dated 11th June 1999. Costs of the application are to be reserved.