LEUNG WAN MING v. LIE MEY FONG

LEUNG WAN MING v. LIE MEY FONG

The court granted the plaintiff leave to enter the defendant's premises and to carry out the specified tests in exhibit LTKA-3 and to inspect during removal of the unauthorised building works, subject to safeguards: tests that risk property damage (eg dye) are permitted only with indemnity by the plaintiff; flow meter and pressurised pipe tests are permitted provided an additional test meter is installed and removed and original meter is not interfered with and disturbed pipe sections are reinstated; three hours are allowed for testing; moisture and HIS tests are permitted; costs of the tests and inspection and of the application are ordered to be in the cause; exchange of expert reports...

Citation
LEUNG WAN MING v. LIE MEY FONG
Parties
Plaintiff/owner of Ground Floor Shop: Plaintiff; Defendant/owner of Flat G and Flat Roof G: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2012
Case Number
HCA1267/2011
Procedural Posture
Civil Building/property Dispute (water Leakage) / Interlocutory Application for Leave to Inspect and Carry Out Tests; Directions for Expert Evidence and Case Management
Outcome
Summons granted in part; leave granted for specified tests and inspection with conditions and consequential case management orders
Legal Topics
Inspection Order, Entry Onto Premises, Expert Evidence, Interlocutory Relief, Testing of Property, Costs
Source Language
EN
Civil Property Building and Construction Civil Procedure Evidence Inspection Order Entry Onto Premises Expert Evidence +3 more

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Parties

Plaintiff

Plaintiff/owner of Ground Floor Shop

Defendant

Defendant/owner of Flat G and Flat Roof G

Procedural Posture

Civil Building/property Dispute (water Leakage) / Interlocutory Application for Leave to Inspect and Carry Out Tests; Directions for Expert Evidence and Case Management

Legal Issues

  1. 1 Whether the court may order entry and inspection and permission to carry out tests under Order 29 Rule 2 and the court's inherent jurisdiction
  2. 2 Whether repeat tests should be permitted where independent authority tests were already conducted
  3. 3 Whether dye tests risking damage may be permitted and who must bear indemnity

Ratio Decidendi

The court granted the plaintiff leave to enter the defendant's premises and to carry out the specified tests in exhibit LTKA-3 and to inspect during removal of the unauthorised building works, subject to safeguards: tests that risk property damage (eg dye) are permitted only with indemnity by the plaintiff; flow meter and pressurised pipe tests are permitted provided an additional test meter is installed and removed and original meter is not interfered with and disturbed pipe sections are reinstated; three hours are allowed for testing; moisture and HIS tests are permitted; costs of the tests and inspection and of the application are ordered to be in the cause; exchange of expert reports...

Court Disposition

Summons granted in part; leave granted for specified tests and inspection with conditions and consequential case management orders

Orders

  • Leave granted to plaintiff to carry out the tests set out in exhibit LTKA-3 in the defendant's premises within 7 days
  • Defendant to give plaintiff, plaintiff's experts and representatives access to Flat G and Flat Roof G on reasonable prior notice for the purpose of carrying out the tests and inspection