CHOI SAU CHUN v. WIN CAPTIAL (HK) LTD AND OTHERS

CHOI SAU CHUN v. WIN CAPTIAL (HK) LTD AND OTHERS

The court found the major cause of the canopy collapse was severe corrosion and failure to maintain the canopy attributable principally to the Incorporated Owners; attribution of contributing causes (long-term storage, demolition debris, scaffolding bracing) justified apportionment of liability at 35% to the 1st defendant and 65% to the 4th defendant; the 1st defendant ordered to contribute 35% of the plaintiffs' costs on the issue of quantum; costs of the contribution proceedings reserved pending taxation.

Citation
CHOI SAU CHUN v. WIN CAPTIAL (HK) LTD AND OTHERS
Parties
Plaintiff: Liao Kuo Chun; Plaintiff: Wong Fo Yeung; Plaintiff: Choi Sau Chun; Plaintiff: Chan Sau Chun; Plaintiff: Lam Kan Mau; 1st Defendant (owner/vendor): Win Captial (HK) Ltd; 2nd Defendant (tenant): Ho Ching Mui; 3rd Defendant (contractor): Wong Tak Sing; 4th Defendant (incorporated Owners): The Incorporated Owners of Mei King Mansion Phase II
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2010
Case Number
HCPI1177/2002
Procedural Posture
Personal Injuries / Judgment on Contribution Proceedings and Apportionment
Outcome
Contribution apportioned between parties: 1st defendant 35%, 4th defendant 65%; specific cost orders made and other costs reserved
Legal Topics
Public Nuisance, Negligence, Contribution and Apportionment, Unauthorised Building Works, Costs
Source Language
EN
Civil Tort Property/building Regulation Public Nuisance Negligence Contribution and Apportionment Unauthorised Building Works Costs

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Parties

Liao Kuo Chun

Plaintiff

Wong Fo Yeung

Plaintiff

Choi Sau Chun

Plaintiff

Chan Sau Chun

Plaintiff

Lam Kan Mau

Plaintiff

Win Captial (HK) Ltd

1st Defendant (owner/vendor)

Ho Ching Mui

2nd Defendant (tenant)

Wong Tak Sing

3rd Defendant (contractor)

The Incorporated Owners of Mei King Mansion Phase II

4th Defendant (incorporated Owners)

Procedural Posture

Personal Injuries / Judgment on Contribution Proceedings and Apportionment

Legal Issues

  1. 1 Whether and in what proportions contribution is recoverable between 1st and 4th defendants under s4(1) Civil Liability (Contribution) Ordinance
  2. 2 Causation of canopy collapse and relative blameworthiness
  3. 3 Extent to which acts of contractors/sub-contractors attributed to principals

Ratio Decidendi

The court found the major cause of the canopy collapse was severe corrosion and failure to maintain the canopy attributable principally to the Incorporated Owners; attribution of contributing causes (long-term storage, demolition debris, scaffolding bracing) justified apportionment of liability at 35% to the 1st defendant and 65% to the 4th defendant; the 1st defendant ordered to contribute 35% of the plaintiffs' costs on the issue of quantum; costs of the contribution proceedings reserved pending taxation.

Court Disposition

Contribution apportioned between parties: 1st defendant 35%, 4th defendant 65%; specific cost orders made and other costs reserved

Orders

  • Apportion damages such that 35% of the plaintiffs\u2019 damages are borne by the 1st defendant and 65% by the 4th defendant
  • Order that the 1st defendant contributes 35% of the plaintiffs\u2019 costs in the five actions on the issue of quantum