30 Oct 2023
CHAU YUEN HEUNG v. JEKCO ELEVATORS LTD
- Citation
- [2023] HKCFI 2750
- Court
- Court of First Instance
- Case number
- HCPI956/2015
On the balance of probabilities the traction shaft had been trimmed and sleeved (an improper modification) which compromised its integrity and caused fatigue failure; Jekco failed to prove that an increased load from renovations was the sole or decisive cause; as registered lift contractor Jekco had independent duties to investigate and advise and cannot shift liability to the Third Parties in the absence of proof that the Third Parties knew or withheld material facts; accordingly Jekco is not entitled to contribution or indemnity from the Third Parties and its third‑party claim fails.