Hong Kong Case Law: Decisions & Judgments

Topic

Design liability

Legal area

Court

19 Jun 2003

SECAN LTD v. WONG PING WAI

Citation

SECAN LTD v. WONG PING WAI
Court

Court of First Instance
Case number

HCCT93/1999

ACE was not liable because its design and installation of the ultrasonic sensor and overflow pipe met the applicable professional standard and statutory regulation; the flood resulted from an extraordinary and unforeseeable sequence of events initiated and compounded by non-ACE human error (failure to switch off pumps and failure to attend), which broke the chain of causation between ACE's acts and the loss.
25 Jun 1997

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS

Citation

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS
Court

Court of First Instance
Case number

HCCT16/1994

Palmer and Turner owed the Bank a duty of care in designing/procuring a fixing system and breached that duty causing loss; Palmer and Turner are liable for full rectification costs. Tsien Wui's tort liability was rejected because the design work had been delegated to an independent consultant and the plaintiff failed to plead or prove non-delegable duty or negligent supervision; contractual claims based on continuing lifetime warranty were not established and are time-barred on the pleaded basis. The cause of action for limitation accrues when the economic loss is known or manifest (adopting…
25 Jun 1997

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS

Citation

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS
Court

Court of First Instance
Case number

HCCT31/1994

On the contractual and tort facts the court found the design responsibility for the fixing system rested with Tsien Wui (through its consultant) and the failure was due to faulty design; the Bank's contractual claim against Tsien Wui was time barred on the pleaded basis and the tort claims accrued when the defects became manifest (mid-1993), placing the writs within limitation; Palmer & Turner breached their duty of care to the Bank and are liable in negligence for the cost of complete replacement remedial works, whereas the Bank's claim against Tsien Wui was dismissed and Tsien Wui's third-p…

Hong Kong Case Law

SECAN LTD v. WONG PING WAI

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS

THE BANK OF EAST ASIA LTD v. TSIEN WUI MARBLE FACTORY LTD AND OTHERS