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…