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

HCCT45/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NOS.45 AND 54 OF 2000

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D E C I S I O N

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1. By a summons dated 31 January 2001, the plaintiff seeks specific discovery of five categories of documents as set out in the schedule to the application.

2. Having heard submissions from Mr Timothy Hill, solicitor for the plaintiff and Mr Martin Downey, solicitor for the defendant, I make the following order :

1. Items 1, 2 and 3 of the schedule are not pursued by the plaintiff and so no order is made.

2. In respect of item 4, namely "Employment contracts, timesheets, payment records and salary records" :

(i) The defendant shall provide further, further and better particulars detailing its claim and answering the requests made in paragraphs 4.1 and 4.2 of Messrs Lovells' letter dated 5 March 2001.

(ii) Further, the defendant shall produce documents in support of 2(i) above. Where the documents in support of the particulars provided under 2(i) above contain other confidential information which is not relevant to this action, it may be edited accordingly. Where editing takes place, copies of the edited documents shall be produced.

3. In respect of item 5, namely Banking records etc., the plaintiff's application is dismissed.

4. Both parties having addressed the court on the question of costs, I make the following order. One third of the plaintiff's costs of and arising from this application shall be paid by the defendant.