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 by failing to supervise the temporary works (falsework) in accordance with the approved plan and supervision plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity); liability apportioned as 70% to D1 and 30% to Ng/CN; D1 entitled to contribution accordingly and costs against Ng and CN in D1's contribution and third party proceedings.

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 (administratix of Estate): Chan Shan Chu; 6th Plaintiff (deceased): Chau Kwok Fong (deceased); 1st Defendant: 1st Defendant (principal contractor); 2nd Defendant: 2nd Defendant (subcontractor - falsework erection); 3rd Defendant: 3rd Defendant (subsubcontractor - falsework erection); 4th Defendant / 1st Third Party (executive Director, Registered Structural Engineer): Ng Kam Tong; 5th Defendant (resident Engineer / RSE Representative): 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
HCPI442/2005
Procedural Posture
Personal Injuries Action (construction Site Collapse) / Liability Trial Concluded; Judgment on Liability and Apportionment Delivered (court of First Instance)
Outcome
Judgment: liability established against Ng and Chung & Ng in negligence and for breaches of statutory duty; apportionment of liability ordered between D1 and Ng/CN.
Legal Topics
Apportionment of Liability, Site Safety Supervision, Temporary Works/falsework, Duty of Care of Rse/re, Breach of Buildings Ordinance, Contribution Between Tortfeasors
Source Language
EN
Tort Construction Law Statutory Duty Occupiers Liability Workplace Safety Civil Contribution Apportionment of Liability Site Safety Supervision +4 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 (administratix of Estate)

Chau Kwok Fong (deceased)

6th Plaintiff (deceased)

1st Defendant (principal contractor)

1st Defendant

2nd Defendant (subcontractor - falsework erection)

2nd Defendant

3rd Defendant (subsubcontractor - falsework erection)

3rd Defendant

Ng Kam Tong

4th Defendant / 1st Third Party (executive Director, Registered Structural Engineer)

Wong Hang Fai

5th Defendant (resident Engineer / RSE Representative)

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) / Liability Trial Concluded; Judgment on Liability and Apportionment Delivered (court of First Instance)

Legal Issues

  1. 1 Whether Ng and Chung & Ng (CN) are liable in tort to the plaintiffs for negligence and breach of statutory duty in relation to the falsework collapse
  2. 2 If liable, extent of apportionment of liability between D1 (contractor) and Ng/CN
  3. 3 Whether breaches of the draft Code/Technical Memorandum and statutory provisions (BO, OSHO, OLO) establish liability and contribution

Ratio Decidendi

Ng (as RSE) and CN were negligent and in breach of statutory duties by failing to supervise the temporary works (falsework) in accordance with the approved plan and supervision plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity); liability apportioned as 70% to D1 and 30% to Ng/CN; D1 entitled to contribution accordingly and costs against Ng and CN in D1's contribution and third party proceedings.

Court Disposition

Judgment: liability established against Ng and Chung & Ng in negligence and for breaches of statutory duty; apportionment of liability ordered between D1 and Ng/CN.

Orders

  • Judgment on liability entered against 1st Defendant in favour of plaintiffs (consent order)
  • Findings of negligence and breach of statutory duty against Ng and Chung & Ng established