Hong Kong Case Law: Decisions & Judgments

Topic

Temporary works/falsework

Legal area

Court

19 Apr 2007

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Citation

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI850/2003

Ng (as RSE) and CN were negligent and in breach of statutory duties for failing to supervise and ensure temporary works complied with the approved plan (missing diagonal bracing, lack of lateral bracing, reduced loading capacity); apportionment of liability was just and equitable at 30% to Ng/CN and 70% to the 1st Defendant; costs of contribution/third party proceedings ordered against Ng/CN (order nisi).
19 Apr 2007

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Citation

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI851/2003

The court found Ng and CN negligent and in breach of statutory duties for failing properly to supervise temporary works (falsework): key failures included missing diagonal braces, lack of lateral bracing to columns, and falsework insufficiently rated (26T v required 32T); on contribution the court apportioned liability 70% to D1 and 30% to Ng and CN and made costs orders in favour of D1.
19 Apr 2007

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Citation

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI442/2005

Ng (as RSE) and CN were negligent and in breach of statutory duties by failing to supervise the temporary works (falsework) in accordance with the approved plan and supervision plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity); liability apportioned as 70% to D1 and 30% to Ng/CN; D1 entitled to contribution accordingly and costs against Ng and CN in D1's contribution and third party proceedings.
19 Apr 2007

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

Citation

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI849/2003

Ng (as RSE) and CN (vicariously liable for Ng and Wong) were negligent and in breach of statutory duties by failing to ensure temporary works complied with the approved plan (missing diagonal braces, lack of lateral bracing, inadequate loading capacity and absence of working drawings); their negligence contributed materially to the collapse. Apportionment of liability was justly and equitably fixed at 30% to Ng/CN and 70% to D1.

Hong Kong Case Law

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS

SZE CHE SAU AND OTHERS v. DRAGAGES ET TRAVAUX PUBLICS (HK) LTD AND OTHERS