Read the full judgment text of HCCT000031A/1994 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 October 1997 before The Hon Mr Justice Findlay.
Construction law — Contractual and tortious liability — Costs orders — Bullock order — Adjournment costs allocation — Third party proceedings costs — The Bank of East Asia Limited sued Tsien Wui Marble Factory Limited and Palmer and Turner (architects and engineers) for granite cladding failure in the Bank's new headquarters building. The Bank succeeded against Palmer and Turner but failed against Tsien Wui, who joined Palmer and Turner as third parties, but failed. The court dismissed the Bank’s claim against Tsien Wui and upheld the claim against Palmer and Turner. Regarding costs, the court addressed whether a Bullock order was appropriate to make Palmer and Turner pay Tsien Wui's costs awarded against the Bank, concluding no valid basis existed to penalize Palmer and Turner. Costs due to trial adjournment caused by expert witness unavailability were split equally between Tsien Wui and Palmer and Turner. Costs of third party proceedings initiated by Tsien Wui against Palmer and Turner were ordered to be borne by Tsien Wui but recoverable from the Bank as inevitable litigation costs. Costs applications varying prior orders nisi were also decided, allocating costs in accordance with parties’ successes and failures in those applications. The court finalized costs orders nisi accordingly.
Legal issues: The reasonableness of a Bullock order against Palmer and Turner · Liability for wasted costs due to adjournment · Costs of the third party proceedings · Costs orders on applications to vary orders nisi
Outcome: The Bank's claim against Tsien Wui dismissed; claim against Palmer and Turner upheld; orders nisi on costs made absolute as varied; no Bullock order against Palmer and Turner.