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

The court found Ng and CN negligent and in breach of statutory duties for failing properly to supervise temporary works (falsework): key failures included missing diagonal braces, lack of lateral bracing to columns, and falsework insufficiently rated (26T v required 32T); on contribution the court apportioned...

Source-derived case information.

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: (Unnamed) 6th Plaintiff; 1st Defendant: (Unnamed) 1st Defendant (principal contractor); 2nd Defendant / 3rd Defendant (subcontractors): HEE YAU CONSTRUCTION COMPANY (Hee and Wong Wah Yau); 4th Defendant / 1st Third Party (rse): NG KAM TONG; 5th Defendant (resident Engineer, Re): WONG HANG FAI; 6th Defendant / 2nd Third Party (consulting Structural Engineer): CHUNG & NG CONSULTING ENGINEERS LIMITED; 7th Defendant (discontinued): SUN HUNG KAI ENGINEERING CO. LTD.; Subcontractor (concreting Employer of Injured): KIN CHING ENGINEERING CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2007
Case Number
HCPI851/2003
Procedural Posture
Personal Injuries Action (consolidated) / Split Trial — Trial on Liability and Contribution/third Party Proceedings (liability Determined at Trial)
Outcome
Ng Kam Tong and Chung & Ng Consulting Engineers Limited held liable in negligence and for breaches of statutory duty; contribution ordered to be apportioned between D1 and Ng/CN.
Legal Topics
Negligence, Apportionment of Liability, Temporary Works/falsework, Site Safety Supervision Plan, Breach of Statutory Duty, Vicarious Liability
Source Language
en
Tort Construction Law Occupiers' Liability Statutory Duty Personal Injury Law Civil Contribution Negligence Apportionment of Liability +4 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)

(Unnamed) 6th Plaintiff

6th Plaintiff

(Unnamed) 1st Defendant (principal contractor)

1st Defendant

HEE YAU CONSTRUCTION COMPANY (Hee and Wong Wah Yau)

2nd Defendant / 3rd Defendant (subcontractors)

NG KAM TONG

4th Defendant / 1st Third Party (rse)

WONG HANG FAI

5th Defendant (resident Engineer, Re)

CHUNG & NG CONSULTING ENGINEERS LIMITED

6th Defendant / 2nd Third Party (consulting Structural Engineer)

SUN HUNG KAI ENGINEERING CO. LTD.

7th Defendant (discontinued)

KIN CHING ENGINEERING CO. LTD.

Subcontractor (concreting Employer of Injured)

Procedural Posture

Personal Injuries Action (consolidated) / Split Trial — Trial on Liability and Contribution/third Party Proceedings (liability Determined at Trial)

Legal Issues

  1. 1 Whether Ng and Chung & Ng Consulting Engineers Limited (CN) were liable in tort and for breach of statutory duty for the falsework collapse
  2. 2 If liable, apportionment of liability between the principal contractor (D1) and Ng/CN

Ratio Decidendi

The court found Ng and CN negligent and in breach of statutory duties for failing properly to supervise temporary works (falsework): key failures included missing diagonal braces, lack of lateral bracing to columns, and falsework insufficiently rated (26T v required 32T); on contribution the court apportioned liability 70% to D1 and 30% to Ng and CN and made costs orders in favour of D1.

Court Disposition

Ng Kam Tong and Chung & Ng Consulting Engineers Limited held liable in negligence and for breaches of statutory duty; contribution ordered to be apportioned between D1 and Ng/CN.

Orders

  • Judgment on liability previously entered against 1st Defendant in favour of plaintiffs (consent order)
  • Ng and Chung & Ng Consulting Engineers Limited held liable in negligence and for breach of statutory duties