Read the full judgment text of HCCT 68/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 September 2004 before Hon Reyes J.
Construction and Arbitration Proceedings — Liability for defective stone cladding and structural supervision — Whether Linfield Limited validly assigned Sing Kee Company Limited's rights to sue Greg Wong & Associates Limited (4th Defendant) — Held yes; legal assignment valid and special relationship existed allowing claim in contract and tort — Scope of RSE duties under Buildings Ordinance analyzed; RSE duty limited to structural elements and supervision thereof — GWA approved Michelangelo Marble Limited's stone cladding calculations based on factor of safety of 3, relied on MML's data, no obligation to require independent testing excluding obvious errors — Subsequent tests did not invalidate design in respect of stone thickness — Buildability not within RSE scope; GWA not negligent for defects caused by contractors' workmanship — Hacking off concrete common practice; periodic supervision does not guarantee perfect works; exposed reinforcement bars and other defects attributed to PCL and MML — MML liable for breach of warranty due to defective design, poor workmanship, failure to test stone, installation over exposed rebars, and use of unsuitable stone for Hong Kong climate — Linfield entitled to damages of approximately HK$39 million against MML, but claim against GWA dismissed — Costs orders made as per detailed allocations — Appeal against judgment dismissed (CACV313/2004).
Legal issues: Linfield's locus to sue GWA in contract and tort · Scope of GWA's duties as RSE under the Buildings Ordinance and common law · Whether GWA breached its duty by approving MML's structural calculations and drawings without sufficient testing and by accepting factor of safety of 3 · Whether GWA breached duty by failing to ensure buildability and proper supervision of concrete works and stone cladding installation · Liability of MML for breach of Warranty and defective workmanship
Outcome: Judgment for Linfield against MML for damages of $39,378,547; Linfield's claim against GWA dismissed; GWA's and BHP's claims for contribution dismissed.
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