NG TAI WAH WILLIE v. NG CHUN WAH ALBERT AND ANOTHER

HCA 839/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 839 OF 2010

____________

BETWEEN

____________

_____________

D E C I S I O N

_____________

1.  The argument today is wholly unnecessary. The particulars should have been given despite leave having been given for the statement of claim to be amended. The fact that the 1st defendant is willing to file the amended defence even without the particulars does not alter the fact that the particulars are necessary in order to constitute a proper claim.

2.  This morning’s hearing should have been obviated as the plaintiff has agreed to give the particulars.  But the plaintiff refused to pay the costs of the application as demanded by the 1st defendant on 24 February.  If the plaintiff should have done so, there would be no basis for the 1st defendant to ask for costs of today as the summons was taken out on 22 February.  Had the plaintiff agreed to pay costs of the summons but not the costs of any hearing, the 1st defendant would have no reasonable basis to ask for the costs of the hearing.

3.  The plaintiff has not been reasonable enough which resulted in the need for today’s hearing.  I order that the plaintiff do provide the further and better particulars to paras. 2 and 4(1) of the amended statement of claim.  The time for the 1st defendant to file his amended defence is extended to seven days after the receipt of the further and better particulars.

4.  The plaintiff is ordered to pay the costs of the application including the costs of today to the 1st defendant.