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

Court found Ng and Chung & Ng Consulting Engineers Ltd. negligent and in breach of statutory duties for failing to supervise temporary works: falsework lacked required lateral bracing, had missing diagonal braces and did not meet required loading capacity; these failures materially contributed to the collapse. Apportionment of liability fixed at 70% to the principal contractor (D1) and 30% to Ng and CN; CN vicariously liable for acts of Ng and Wong; costs ordered accordingly.

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; 6th Plaintiff: 6th Plaintiff; 1st Defendant (principal Contractor): 1st Defendant; 2nd Defendant (trading Name): HEE YAU CONSTRUCTION COMPANY (trading); 3rd Defendant: 3rd Defendant; 1st Third Party; Former 4th Defendant: NG KAM TONG; 6th Defendant; 2nd Third Party: 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
HCPI433/2004
Procedural Posture
Personal Injuries Action (high Court, Court of First Instance) / Trial on Liability Concluded; Judgment Delivered 19 April 2007
Outcome
Liability established: judgment on liability entered against D1 in favour of plaintiffs (by consent); negligence and breaches of statutory duty proven against Ng and CN; contribution ordered and apportionment fixed.
Legal Topics
Apportionment of Liability, Site Safety Supervision, Temporary Works, Breach of Building Ordinance, Duty of Registered Structural Engineer
Source Language
EN
Tort Negligence Construction Law Occupiers' Liability Statutory Duty Civil Contribution Apportionment of Liability Site Safety Supervision +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)

6th Plaintiff

6th Plaintiff

1st Defendant

1st Defendant (principal Contractor)

HEE YAU CONSTRUCTION COMPANY (trading)

2nd Defendant (trading Name)

3rd Defendant

3rd Defendant

NG KAM TONG

1st Third Party; Former 4th Defendant

CHUNG & NG CONSULTING ENGINEERS LIMITED

6th Defendant; 2nd Third Party

SUN HUNG KAI ENGINEERING CO. LTD.

7th Defendant (discontinued)

Procedural Posture

Personal Injuries Action (high Court, Court of First Instance) / Trial on Liability Concluded; Judgment Delivered 19 April 2007

Legal Issues

  1. 1 Whether Ng and CN were liable in tort to the plaintiffs for negligence and breaches of statutory duty
  2. 2 If liable, apportionment of liability between the principal contractor (D1) and Ng/CN
  3. 3 Whether breaches of the Buildings Ordinance, OSHO and Occupiers Liability Ordinance were established

Ratio Decidendi

Court found Ng and Chung & Ng Consulting Engineers Ltd. negligent and in breach of statutory duties for failing to supervise temporary works: falsework lacked required lateral bracing, had missing diagonal braces and did not meet required loading capacity; these failures materially contributed to the collapse. Apportionment of liability fixed at 70% to the principal contractor (D1) and 30% to Ng and CN; CN vicariously liable for acts of Ng and Wong; costs ordered accordingly.

Court Disposition

Liability established: judgment on liability entered against D1 in favour of plaintiffs (by consent); negligence and breaches of statutory duty proven against Ng and CN; contribution ordered and apportionment fixed.

Orders

  • Apportion liability: D1 70% and Ng and Chung & Ng Consulting Engineers Ltd. 30%
  • Order nisi that costs of D1's contribution and third party proceedings be costs to D1 against Ng and CN