WU TUNG CHAI 及另一人 對 CHAN KWONG MING 及另一人

WU TUNG CHAI 及另一人 對 CHAN KWONG MING 及另一人

The court found that plaintiffs' infrared evidence and the joint expert conclusions reasonably established defects in defendants' bathroom (bath waste pipe and floor waste) as causes of plaintiffs' leakage; defendants failed to undertake timely, competent investigation and remedial work and therefore were liable in negligence, nuisance and for breach of the building deed; plaintiffs were entitled to damages assessed at HK$78,000 and defendants' counterclaim was dismissed.

Citation
[2023] HKDC 198
Parties
First Plaintiff: WU TUNG CHAI; Second Plaintiff: WU TUNG CHAK; First Defendant: CHAN KWONG MING; Second Defendant: LEUNG MO FONG CANARY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 February 2023
Case Number
DCCJ4434/2019
Procedural Posture
Civil (building Leakage: Negligence, Nuisance, Breach of Deed) / Judgment at Trial
Outcome
Plaintiffs' claims allowed; defendants' counterclaim dismissed; defendants jointly and severally liable to pay plaintiffs damages and costs.
Legal Topics
Leakage Source Attribution, Expert Testing (infrared, Dye, Pressure), Assessment of Damages, Duty to Investigate and Repair, Validity of Dye Test
Source Language
CH
Negligence Nuisance Property/building Covenant (deed) Remedies Damages and Injunctions Expert Evidence Leakage Source Attribution Expert Testing (infrared, Dye, Pressure) Assessment of Damages +2 more

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Parties

WU TUNG CHAI

First Plaintiff

WU TUNG CHAK

Second Plaintiff

CHAN KWONG MING

First Defendant

LEUNG MO FONG CANARY

Second Defendant

Procedural Posture

Civil (building Leakage: Negligence, Nuisance, Breach of Deed) / Judgment at Trial

Legal Issues

  1. 1 Whether the initial source of plaintiffs' bathroom leakage was the defendants' unit or external wall/upper unit AC
  2. 2 Whether defendants were negligent and/or liable in nuisance and breached the building deed
  3. 3 Whether plaintiffs knowingly made false allegations

Ratio Decidendi

The court found that plaintiffs' infrared evidence and the joint expert conclusions reasonably established defects in defendants' bathroom (bath waste pipe and floor waste) as causes of plaintiffs' leakage; defendants failed to undertake timely, competent investigation and remedial work and therefore were liable in negligence, nuisance and for breach of the building deed; plaintiffs were entitled to damages assessed at HK$78,000 and defendants' counterclaim was dismissed.

Court Disposition

Plaintiffs' claims allowed; defendants' counterclaim dismissed; defendants jointly and severally liable to pay plaintiffs damages and costs.

Orders

  • Defendants to pay plaintiffs special damages HKD 28,000 (testing fees HKD 2,800 and repair works HKD 25,200)
  • Defendants to pay plaintiffs general damages HKD 50,000