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In its recent decision in Kong Colin Chung Ping v Kong Chun Ip  HKCFI 2495, the Court had the opportunity to consider the limits of a “liberty to apply” provision, in the context of an application to vary a consent order.
“It is against common sense, and a waste of costs and resources, for the Court to issue a request to obtain evidence, simply because the request can be made on or within the terms of the Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and the HKSAR, if the evidence is not admissible in the Setting Aside Application to be determined by the HK Court” — per Mimmie Chan J
In construction disputes, time is of the essence. Stable and clear legal frameworks are essential.
This case saw the unprecedented use of contravention of competition law as a defence to contractual claims in civil proceedings.