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…