SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Ng (as RSE) and CN were negligent and in breach of statutory duties for failing to supervise and ensure temporary works complied with the approved plan (missing diagonal bracing, lack of lateral bracing, reduced loading capacity); apportionment of liability was just and equitable at 30% to Ng/CN and 70% to the 1st Defendant; costs of contribution/third party proceedings ordered against Ng/CN (order nisi).

Citation
SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Parties
1st Plaintiff: SZE CHE SAU; 2nd Plaintiff: YEUNG ON PING; 3rd Plaintiff: SZE KAM SANG; 4th Plaintiff: SZE WAI MING; 5th Plaintiff (administratrix): CHAN SHAN CHU; 1st Defendant (principal Contractor): [Unnamed] 1st Defendant; 2nd/3rd Defendant: HEE YAU CONSTRUCTION COMPANY (HEE and WONG WAH YAU); 4th Defendant (discontinued): NG KAM TONG; 5th Defendant (discontinued): WONG HANG FAI; 6th Defendant: CHUNG & NG CONSULTING ENGINEERS LIMITED; 7th Defendant (discontinued): SUN HUNG KAI ENGINEERING CO. LTD.; 1st Third Party: NG KAM TONG; 2nd Third Party: CHUNG & NG CONSULTING ENGINEERS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2007
Case Number
HCPI850/2003
Procedural Posture
Personal Injuries Action / Liability Trial and Judgment (court of First Instance)
Outcome
Court found Ng and Chung & Ng Consulting Engineers Limited negligent and in breach of statutory duties; apportioned liability 30% to Ng/CN and 70% to the 1st Defendant; costs to follow event subject to order nisi.
Legal Topics
Apportionment of Liability, Temporary Works/falsework, Site Safety Supervision, Breach of Buildings Ordinance, Contribution Proceedings
Source Language
EN
Tort Personal Injury Construction Law Occupiers' Liability Professional Negligence Statutory Duty Apportionment of Liability Temporary Works/falsework +3 more

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Parties

SZE CHE SAU

1st Plaintiff

YEUNG ON PING

2nd Plaintiff

SZE KAM SANG

3rd Plaintiff

SZE WAI MING

4th Plaintiff

CHAN SHAN CHU

5th Plaintiff (administratrix)

[Unnamed] 1st Defendant

1st Defendant (principal Contractor)

HEE YAU CONSTRUCTION COMPANY (HEE and WONG WAH YAU)

2nd/3rd Defendant

NG KAM TONG

4th Defendant (discontinued)

WONG HANG FAI

5th Defendant (discontinued)

CHUNG & NG CONSULTING ENGINEERS LIMITED

6th Defendant

SUN HUNG KAI ENGINEERING CO. LTD.

7th Defendant (discontinued)

NG KAM TONG

1st Third Party

CHUNG & NG CONSULTING ENGINEERS LIMITED

2nd Third Party

Procedural Posture

Personal Injuries Action / Liability Trial and Judgment (court of First Instance)

Legal Issues

  1. 1 Whether Ng and Chung & Ng Consulting Engineers Limited (CN) were liable in tort to the plaintiffs
  2. 2 Whether Ng and CN breached statutory duties under the Buildings Ordinance, OSHO and Occupiers Liability Ordinance
  3. 3 If liable, appropriate apportionment of liability between the principal contractor (1st Defendant) and Ng/CN

Ratio Decidendi

Ng (as RSE) and CN were negligent and in breach of statutory duties for failing to supervise and ensure temporary works complied with the approved plan (missing diagonal bracing, lack of lateral bracing, reduced loading capacity); apportionment of liability was just and equitable at 30% to Ng/CN and 70% to the 1st Defendant; costs of contribution/third party proceedings ordered against Ng/CN (order nisi).

Court Disposition

Court found Ng and Chung & Ng Consulting Engineers Limited negligent and in breach of statutory duties; apportioned liability 30% to Ng/CN and 70% to the 1st Defendant; costs to follow event subject to order nisi.

Orders

  • Liability apportioned 70% to 1st Defendant and 30% to Ng and Chung & Ng Consulting Engineers Limited
  • Order nisi that the costs of the 1st Defendant's contribution proceedings and third party proceedings be costs to the 1st Defendant against Ng and CN