(4) The Petitioner to file and
serve within 21 days thereafter affirmation in reply on the preliminary issues.
(5) The affirmations
filed on the preliminary issues to stand as witness statements for the trial of
the preliminary issues.
(6) There be
discovery in respect of the preliminary issues by lists of documents within 28
days from the date of this Order and there be mutual inspection within 7 days
thereafter.
(7) A pre-trial
review for the trial on preliminary issues be fixed not later than 4 weeks
before the scheduled trial date.
(8) The costs of the
Opposing Contributory's summons filed on 5 December 2000, including the costs
of the hearing on 11 December 2000, be in the cause of the preliminary issues.
(9) There be no
order on the Opposing Contributory's summons for stay filed on 16 October 2000,
save that the costs of the summons be to the Petitioner in any event.
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(C. Chu)
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Judge of the Court of First Instance
High Court
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Representation:
Mr
Barry Barlow, instructed by Messrs Robertsons, for the Petitioner
Mr
Warren Chan SC, instructed by Messrs Herbert Smith, for the Opposing
Contributory
Remarks:
On appeal by the Petitioner to the Court of Appeal: Appeal allowed.
Please refer to CACV001125/2000.
