7 Jul 1998
THE BANK OF EAST ASIA, LTD. v. TSIEN WUI MARBLE FACTORY LTD. and Others and REMO RIVA and Others (Third Parties)
- Citation
- THE BANK OF EAST ASIA, LTD. v. TSIEN WUI MARBLE FACTORY LTD. and Others and REMO RIVA and Others (Third Parties)
- Court
- Court of Appeal
- Case number
- CACV185/1997
The Court held BEA's claim against Palmer & Turner was statute-barred because, on the accepted findings, the cause of action for economic loss arising from defective design accrued at or shortly after completion of the building (early 1980s), so limitation had expired; the Court declined to adopt a different non‑UK approach (Invercargill) and followed controlling UK authorities. The Court also held Tsien Wui was not liable in tort for the negligence of its independent consultant because it did not assume the requisite tortious responsibility and no binding lifetime guarantee was established;…