BONNTILE INDUSTRIES (H.K.) LTD. v. ASSURANCE GENERALES DE FRANCE (H.K.) LTD.

BONNTILE INDUSTRIES (H.K.) LTD. v. ASSURANCE GENERALES DE FRANCE (H.K.) LTD.

China State breached its contractual and statutory duties by failing to provide necessary scaffolding which caused the plaintiff's injuries; Bonntile was also negligent but to a lesser extent, liability apportioned two-thirds to China State and one-third to Bonntile; Bonntile falls within the class of sub-contractors insured by AGF and is not disentitled from indemnity under the policy on the evidence, but any indemnity depends on China State obtaining indemnity from AGF and thus the declaration is qualified accordingly.

Citation
BONNTILE INDUSTRIES (H.K.) LTD. v. ASSURANCE GENERALES DE FRANCE (H.K.) LTD.
Parties
Plaintiff (personal Injuries): Go Yu Liong; Defendant (pi Action); Plaintiff (insurance/third Party Claim): Bonntile Industries (H.K.) Ltd; Third Party / Main Contractor: China State Construction Engineering Corporation/China Overseas Building Construction Limited; Defendant (insurer): Assurances Generales de France (H.K.) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2000
Case Number
HCA9814/1998
Procedural Posture
Personal Injuries Action; Third Party Contribution and Insurance Indemnity Proceedings / Final Judgment (high Court) 21 July 2000
Outcome
Bonntile's third party claim against China State allowed in part (contribution) and Bonntile entitled to a qualified declaration against AGF; costs awarded to Bonntile
Legal Topics
Negligence, Breach of Statutory Duty, Employer Non Delegable Duty, Apportionment of Liability, Policy Interpretation, Notice Requirements, Indemnity Under Contractors' Insurance
Source Language
EN
Tort Contract Insurance Law Employment/occupational Safety Civil Procedure Negligence Breach of Statutory Duty Employer Non Delegable Duty +4 more

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Parties

Go Yu Liong

Plaintiff (personal Injuries)

Bonntile Industries (H.K.) Ltd

Defendant (pi Action); Plaintiff (insurance/third Party Claim)

China State Construction Engineering Corporation/China Overseas Building Construction Limited

Third Party / Main Contractor

Assurances Generales de France (H.K.) Limited

Defendant (insurer)

Procedural Posture

Personal Injuries Action; Third Party Contribution and Insurance Indemnity Proceedings / Final Judgment (high Court) 21 July 2000

Legal Issues

  1. 1 Whether main contractor (China State) breached contractual and statutory duties by failing to provide scaffolding causing plaintiff's injury
  2. 2 Whether sub-contractor (Bonntile) breached its contractual/safety obligations and to what extent (apportionment)
  3. 3 Whether Bonntile falls within the class insured under the AGF policy and whether it is excluded by policy conditions (notice, reasonable steps, payments without consent, arbitration clause)

Ratio Decidendi

China State breached its contractual and statutory duties by failing to provide necessary scaffolding which caused the plaintiff's injuries; Bonntile was also negligent but to a lesser extent, liability apportioned two-thirds to China State and one-third to Bonntile; Bonntile falls within the class of sub-contractors insured by AGF and is not disentitled from indemnity under the policy on the evidence, but any indemnity depends on China State obtaining indemnity from AGF and thus the declaration is qualified accordingly.

Court Disposition

Bonntile's third party claim against China State allowed in part (contribution) and Bonntile entitled to a qualified declaration against AGF; costs awarded to Bonntile

Orders

  • China State to contribute two thirds of the damages and costs paid to the plaintiff and to pay Bonntile's costs of the third party proceedings
  • Bonntile entitled to a qualified declaration that it was insured by AGF and that, if China State is adjudged or held entitled to be indemnified by AGF under the policy, Bonntile shall be similarly entitled to be indemnified in identical respects including interest