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

Ng (as RSE) and CN (vicariously liable for Ng and Wong) were negligent and in breach of statutory duties by failing to ensure temporary works complied with the approved plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity and absence of working drawings); their negligence contributed materially to the collapse. Apportionment of liability was justly and equitably fixed at 30% to Ng/CN and 70% to D1.

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 of Estate): CHAN SHAN CHU; 1st Defendant: 1st Defendant (principal contractor); 4th Defendant; 1st Third Party: NG KAM TONG; 6th Defendant; 2nd Third Party: CHUNG & NG CONSULTING ENGINEERS LIMITED; 5th Defendant (discontinued): WONG HANG FAI; 7th Defendant (discontinued): SUN HUNG KAI ENGINEERING CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2007
Case Number
HCPI849/2003
Procedural Posture
Personal Injuries Action (split Trial) / Liability Trial and Apportionment / Contribution and Third Party Proceedings
Outcome
Ng and CN found liable in negligence and for breach of statutory duties; contributory liability apportioned between D1 and Ng/CN.
Legal Topics
Negligence, Apportionment of Liability, Breach of Statutory Duty, Temporary Works/falsework, Site Safety Supervision, Contribution
Source Language
EN
Tort Construction Law Personal Injury Statutory Liability Occupiers' Liability Professional Negligence 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 of Estate)

1st Defendant (principal contractor)

1st Defendant

NG KAM TONG

4th Defendant; 1st Third Party

CHUNG & NG CONSULTING ENGINEERS LIMITED

6th Defendant; 2nd Third Party

WONG HANG FAI

5th Defendant (discontinued)

SUN HUNG KAI ENGINEERING CO. LTD.

7th Defendant (discontinued)

Procedural Posture

Personal Injuries Action (split Trial) / Liability Trial and Apportionment / Contribution and Third Party Proceedings

Legal Issues

  1. 1 Whether Ng and CN were liable in tort to the plaintiffs for negligence and breach of statutory duty
  2. 2 If liable, apportionment of liability between D1 and Ng/CN

Ratio Decidendi

Ng (as RSE) and CN (vicariously liable for Ng and Wong) were negligent and in breach of statutory duties by failing to ensure temporary works complied with the approved plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity and absence of working drawings); their negligence contributed materially to the collapse. Apportionment of liability was justly and equitably fixed at 30% to Ng/CN and 70% to D1.

Court Disposition

Ng and CN found liable in negligence and for breach of statutory duties; contributory liability apportioned between D1 and Ng/CN.

Orders

  • Liability established against Ng and CN for negligence and breach of statutory duties
  • Liability apportioned: 70% to D1 and 30% to Ng and CN (jointly)