Read the full judgment text of HCCT000031/1994 on BabelCite. This HIGH COURT judgment was delivered on 25 June 1997 before The Hon Mr Justice Findlay.
Construction law — Liability for defective cladding — Collateral warranty and negligence — Liability for independent contractor's negligence — Limitation defences under Limitation Ordinance (Cap 347) — Accrual of cause of action and knowledge for latent defects — Requirement for reasonable skill and care in design and fixing system — Contractual interpretation of warranty and specification Clauses 2.15 and 2.24 — Expert evidence and dispute over design adequacy — Court finds design defects caused failure, not installation — Tsien Wui responsible for design of fixing system under contract and by acceptance — Contractual claims dismissed as time-barred, tort claims upheld against Palmer and Turner — Tsien Wui not liable in tort for independent contractor's negligence — Court accepts modern authority overruling earlier Pirelli decision on accrual — Proper accrual date linked to reasonable knowledge of defect and loss around mid-1993 — Full replacement damages awarded; proposed patch-up remedial schemes rejected — Costs orders made reflecting successes and failures of parties. The Bank's claims were partly upheld in tort against Palmer and Turner but dismissed against Tsien Wui on limitation grounds. Tsien Wui's third party claim dismissed. Costs ordered accordingly.
Legal issues: Limitation of actions for negligence and contract claims · Responsibility for design of granite cladding fixing system · Breach of duty of care in design by Tsien Wui and Palmer and Turner · Measure of damages and appropriateness of remedial proposals · Liability for independent contractor's negligence
Outcome: The Bank's claim against Tsien Wui dismissed; The Bank's claim in tort against Palmer and Turner upheld; Judgment entered for the Bank against Palmer and Turner; Tsien Wui's third party claim against Palmer and Turner dismissed