20 May 2003
LAW YUET KWAI v. SECRETARY FOR JUSTICE & ANOTHER
- Citation
- LAW YUET KWAI v. SECRETARY FOR JUSTICE & ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI430/2001
The court found on the balance of probabilities that inspectors orally agreed to change the U-bar to 12mm stainless steel, that the inspectors knew or ought to have known the U-bars were welded and failed to object, and that the U-bar on buoy M099 was inadequately welded causing its failure; both the defendant and the Third Party were negligent and equally to blame, Condition 11 did not mandate a full indemnity irrespective of Government negligence, and judgment was given that the Third Party indemnify the defendant for one half of the damages and one half of the plaintiff's costs.