Read the full judgment text of HCCT000093/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 June 2003 before Hon Burrell J.
Negligence — Duty of care — Professional standard — Construction and design of water system — Flood damage — System without fully operational CCMS — Manual operation and attendant safety risks — Malfunction of ball float valve obstructed by debris — Ultrasonic sensor and overflow pipe design — Compliance with regulations — Unforeseeable combination of human errors — Causation — Judgment for defendant. On 8 May 1993, a flood in the plant room at South Horizons caused extensive damage. The plaintiff claimed negligence against ACE in tort for failure to exercise reasonable care in the design and supervision of the seawater supply and flushing water system components, focusing on the ultrasonic sensor and overflow pipe. The court determined that ACE owed a duty to the system as operated before CCMS completion and assessed the professional standard of care as one for the court to decide with expert input. It found that the system's key safety components were competently designed and installed in accordance with manufacturers' instructions and applicable regulations. The flooding was caused not by defects in the design or installation, but by a highly improbable sequence of human errors beyond ACE's control, including failure to switch off seawater pumps and absence of attendants to respond to the overflow. The court rejected the plaintiff's alternative design proposals as incompatible with Waterworks Regulations. The claim was dismissed and judgment entered for the defendant with costs.
Legal issues: Duty of care and applicable standard · Negligence in design of ultrasonic sensor and overflow pipe · Causation and role of human error
Outcome: Judgment for the defendant; claim dismissed.