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 Chung & Ng were negligent and in breach of statutory duties in failing to supervise the erection and integrity of the falsework (missing diagonal braces, lack of lateral bracing to columns, and insufficient design/loading capacity). Those breaches materially contributed to collapse. Apportionment of responsibility is just and equitable at 70% to the principal contractor (D1) and 30% to Ng/Chung & Ng. Costs of D1's contribution and third‑party proceedings are to be costs to D1 against Ng and 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: Chan Shan Chu (5th Plaintiff, administratrix of estate of Chau Kwok Fong); 6th Plaintiff: 6th Plaintiff; 1st Defendant (principal Contractor, D1): Hee Yau Construction Company; 2nd Defendant: 2nd Defendant (subcontractor); 3rd Defendant: 3rd Defendant (sub‑subcontractor); 4th Defendant; 1st Third Party (rse): Ng Kam Tong; 5th Defendant (discontinued; RSE Representative/re): Wong Hang Fai; 6th Defendant; 2nd Third Party (consulting Structural Engineers): Chung & Ng Consulting Engineers Limited; 7th Defendant (discontinued): Sun Hung Kai Engineering Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2007
Case Number
HCPI100/2004
Procedural Posture
Personal Injuries Action (construction Site Collapse) / Trial on Liability and Apportionment (court of First Instance Judgment)
Outcome
Ng Kam Tong and Chung & Ng Consulting Engineers Limited held liable in negligence and for breaches of statutory duty; contribution apportioned 30% to Ng/Chung & Ng and 70% to Hee Yau Construction Company (D1). Judgment on liability against D1 had been entered by consent.
Legal Topics
Negligence, Breach of Statutory Duty, Apportionment of Contribution, Supervision of Temporary Works, Site Safety Supervision Plans
Source Language
EN
Tort Construction Law Statutory Duty Occupiers Liability Workplace Safety Negligence Breach of Statutory Duty Apportionment of Contribution +2 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 of estate of Chau Kwok Fong)

5th Plaintiff

6th Plaintiff

6th Plaintiff

Hee Yau Construction Company

1st Defendant (principal Contractor, D1)

2nd Defendant (subcontractor)

2nd Defendant

3rd Defendant (sub‑subcontractor)

3rd Defendant

Ng Kam Tong

4th Defendant; 1st Third Party (rse)

Wong Hang Fai

5th Defendant (discontinued; RSE Representative/re)

Chung & Ng Consulting Engineers Limited

6th Defendant; 2nd Third Party (consulting Structural Engineers)

Sun Hung Kai Engineering Co. Ltd.

7th Defendant (discontinued)

Procedural Posture

Personal Injuries Action (construction Site Collapse) / Trial on Liability and Apportionment (court of First Instance Judgment)

Legal Issues

  1. 1 Whether Ng Kam Tong and Chung & Ng Consulting Engineers Ltd (or either) were liable in tort to the plaintiffs for negligence and breaches of statutory duty
  2. 2 If liable, the appropriate apportionment of liability between the principal contractor (D1) and Ng/Chung & Ng

Ratio Decidendi

Ng (as RSE) and Chung & Ng were negligent and in breach of statutory duties in failing to supervise the erection and integrity of the falsework (missing diagonal braces, lack of lateral bracing to columns, and insufficient design/loading capacity). Those breaches materially contributed to collapse. Apportionment of responsibility is just and equitable at 70% to the principal contractor (D1) and 30% to Ng/Chung & Ng. Costs of D1's contribution and third‑party proceedings are to be costs to D1 against Ng and CN (order nisi).

Court Disposition

Ng Kam Tong and Chung & Ng Consulting Engineers Limited held liable in negligence and for breaches of statutory duty; contribution apportioned 30% to Ng/Chung & Ng and 70% to Hee Yau Construction Company (D1). Judgment on liability against D1 had been entered by consent.

Orders

  • Liability apportioned 70% to 1st Defendant (Hee Yau Construction Company) and 30% to Ng Kam Tong and Chung & Ng Consulting Engineers Limited
  • Order nisi that the costs of D1's contribution proceedings and third party proceedings be costs to D1 against Ng and Chung & Ng