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

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

The canopy collapse was principally caused by severe corrosion and failure to maintain the cantilevered canopy for which the Incorporated Owners (4th defendant) bore primary culpability; contributory causes included long-term storage loading in the unauthorised Hut, recent debris placed by demolition and scaffold diagonal bracing resting on the canopy edge. Balancing causative potency and blameworthiness the court apportioned liability 35% to the 1st defendant and 65% to the 4th defendant and ordered the 1st defendant to contribute 35% of the plaintiffs' costs on the issue of quantum; costs of the contribution proceedings were reserved pending taxation.

Citation
CHAN 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: Win Captial (HK) Ltd; 2nd Defendant: Ho Ching Mui; 3rd Defendant: Wong Tak Sing; 4th Defendant: The Incorporated Owners of Mei King Mansion Phase II
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2010
Case Number
HCPI1178/2002
Procedural Posture
Personal Injuries Actions (hcpi 1175 1179/2002) / Contribution Proceedings to Determine Apportionment Under Civil Liability (contribution) Ordinance S.4(1) Following Assessment of Damages
Outcome
Liability for plaintiffs' damage apportioned: 35% to 1st Defendant (Win Captial (HK) Ltd) and 65% to 4th Defendant (Incorporated Owners of Mei King Mansion Phase II); 1st Defendant ordered to contribute 35% of plaintiffs' costs on the issue of quantum; costs of contribution proceedings reserved pending taxation;...
Legal Topics
Canopy Collapse, Apportionment of Liability Under S.4(1) Civil Liability (contribution) Ordinance, Unauthorised Building Works, Scaffolding and External Loads, Assessment of Damages, Costs Contribution
Source Language
EN
Tort Civil Liability and Contribution Public Nuisance Negligence Building and Construction Law Civil Procedure and Costs Canopy Collapse Apportionment of Liability Under S.4(1) Civil Liability (contribution) Ordinance +4 more

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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

Ho Ching Mui

2nd Defendant

Wong Tak Sing

3rd Defendant

The Incorporated Owners of Mei King Mansion Phase II

4th Defendant

Procedural Posture

Personal Injuries Actions (hcpi 1175 1179/2002) / Contribution Proceedings to Determine Apportionment Under Civil Liability (contribution) Ordinance S.4(1) Following Assessment of Damages

Legal Issues

  1. 1 Who bears responsibility for the canopy collapse and in what proportions
  2. 2 Application of s.4(1) Civil Liability (Contribution) Ordinance to apportion blame and causative potency
  3. 3 Whether acts of contractors and sub-contractors attributable to their principals for apportionment

Ratio Decidendi

The canopy collapse was principally caused by severe corrosion and failure to maintain the cantilevered canopy for which the Incorporated Owners (4th defendant) bore primary culpability; contributory causes included long-term storage loading in the unauthorised Hut, recent debris placed by demolition and scaffold diagonal bracing resting on the canopy edge. Balancing causative potency and blameworthiness the court apportioned liability 35% to the 1st defendant and 65% to the 4th defendant and ordered the 1st defendant to contribute 35% of the plaintiffs' costs on the issue of quantum; costs of the contribution proceedings were reserved pending taxation.

Court Disposition

Liability for plaintiffs' damage apportioned: 35% to 1st Defendant (Win Captial (HK) Ltd) and 65% to 4th Defendant (Incorporated Owners of Mei King Mansion Phase II); 1st Defendant ordered to contribute 35% of plaintiffs' costs on the issue of quantum; costs of contribution proceedings reserved pending taxation;...

Orders

  • Liability apportioned: 1st Defendant 35% and 4th Defendant 65% for the damages payable to the plaintiffs
  • Order that the 1st Defendant contribute 35% of the plaintiffs' costs incurred on the issue of quantum