LEETH & CO LTD v. MACK & CO (FREIGHT FORWARDERS) LTD AND OTHERS

LEETH & CO LTD v. MACK & CO (FREIGHT FORWARDERS) LTD AND OTHERS

The court found the 1st defendant liable: the welding operations were negligent and constituted a non-natural and extra-hazardous use of land so that both negligence and strict liability (Rylands/ common law for escape of fire) applied; the welders (2nd defendant) were negligent and must indemnify the 1st defendant; warnings alone did not discharge the duty to take proper precautions; the 3rd defendant was not liable for storage of wax/paints on the evidence.

Citation
LEETH & CO LTD v. MACK & CO (FREIGHT FORWARDERS) LTD AND OTHERS
Parties
Plaintiff: LEETH & CO. LIMITED; Plaintiff: KAI TAT HONG; Plaintiff: MAK LOUIS INTERNATIONAL LIMITED; 1st Defendant: MACK & CO. (FREIGHT FORWARDERS) LIMITED; 2nd Defendant: NG SUM KEE WELDING WORKS; 3rd Defendant: WING KEE TRANSPORTATION CO. LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 1978
Case Number
HCA1636/1976
Procedural Posture
Civil Tort (consolidated Actions) / Judgment
Outcome
Judgment for plaintiffs against 1st defendant; 2nd defendant found negligent and ordered to indemnify 1st defendant; claims against 3rd defendant dismissed.
Legal Topics
Fire Damage, Welding Operations, Duty of Care, Rylands V. Fletcher (escape of Dangerous Things), Independent Contractor Liability, Warnings and Mitigation, Third Party Notices
Source Language
EN
Tort Negligence Strict Liability Occupiers' Liability Property Law Fire Damage Welding Operations Duty of Care +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LEETH & CO. LIMITED

Plaintiff

KAI TAT HONG

Plaintiff

MAK LOUIS INTERNATIONAL LIMITED

Plaintiff

MACK & CO. (FREIGHT FORWARDERS) LIMITED

1st Defendant

NG SUM KEE WELDING WORKS

2nd Defendant

WING KEE TRANSPORTATION CO. LIMITED

3rd Defendant

Procedural Posture

Civil Tort (consolidated Actions) / Judgment

Legal Issues

  1. 1 Whether 1st defendant liable to plaintiffs for spread of fire at common law (strict liability)
  2. 2 Whether 1st defendant liable under Rylands v. Fletcher for non-natural user and escape of fire
  3. 3 Whether 1st defendant negligent in conduct and supervision of welding operations

Ratio Decidendi

The court found the 1st defendant liable: the welding operations were negligent and constituted a non-natural and extra-hazardous use of land so that both negligence and strict liability (Rylands/ common law for escape of fire) applied; the welders (2nd defendant) were negligent and must indemnify the 1st defendant; warnings alone did not discharge the duty to take proper precautions; the 3rd defendant was not liable for storage of wax/paints on the evidence.

Court Disposition

Judgment for plaintiffs against 1st defendant; 2nd defendant found negligent and ordered to indemnify 1st defendant; claims against 3rd defendant dismissed.

Orders

  • Judgment entered for the plaintiffs against the 1st defendant with costs
  • 2nd defendant (Ng Sum Kee Welding Works) ordered to indemnify the 1st defendant as claimed in Third Party Notices