How Glory Properties Ltd. and Another v. Chinpeak Investment Ltd. and Others

How Glory Properties Ltd. and Another v. Chinpeak Investment Ltd. and Others

The court accepted the evidence and expert reports that Flat 25-A was the source of the leak and that the plaintiffs suffered quantifiable damage; damages were assessed at HK$468,314, pre-judgment interest was awarded at 1% above prime from writ to judgment, and the 2nd defendant's joint and several liability was limited proportionately to his 15-month occupation out of 39 months resulting in liability of HK$180,121.

Citation
How Glory Properties Ltd. and Another v. Chinpeak Investment Ltd. and Others
Parties
1st Plaintiff: How Glory Properties Limited; 2nd Plaintiff: Li Wing Kin; 1st Defendant: Chinpeak Investment Limited; 2nd Defendant: Leung Ching Man Shirley; 3rd Defendant: Cheng Yin Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2001
Case Number
HCA11133/1998
Procedural Posture
Civil Action Assessment of Damages (follow on to Interlocutory Judgment) / Assessment of Damages (assessment Hearing)
Outcome
Judgment for plaintiffs against 1st defendant for HK$468,314; 2nd defendant jointly and severally liable limited to HK$180,121; pre-judgment interest at 1% above prime from date of writ to date of judgment; costs nisi for assessment awarded to plaintiffs against 1st and 2nd defendants, quantum to be taxed if not...
Legal Topics
Water Leakage, Damages Assessment, Injunction, Loss of Enjoyment, Pre Judgment Interest, Costs
Source Language
EN
Tort Property Law Civil Procedure Nuisance Water Leakage Damages Assessment Injunction Loss of Enjoyment +2 more

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Parties

How Glory Properties Limited

1st Plaintiff

Li Wing Kin

2nd Plaintiff

Chinpeak Investment Limited

1st Defendant

Leung Ching Man Shirley

2nd Defendant

Cheng Yin Hing

3rd Defendant

Procedural Posture

Civil Action Assessment of Damages (follow on to Interlocutory Judgment) / Assessment of Damages (assessment Hearing)

Legal Issues

  1. 1 Liability for water leakage from an upstairs flat causing property damage
  2. 2 Measure and components of damages for property water damage
  3. 3 Apportionment of joint and several liability between defendants by period of occupation

Ratio Decidendi

The court accepted the evidence and expert reports that Flat 25-A was the source of the leak and that the plaintiffs suffered quantifiable damage; damages were assessed at HK$468,314, pre-judgment interest was awarded at 1% above prime from writ to judgment, and the 2nd defendant's joint and several liability was limited proportionately to his 15-month occupation out of 39 months resulting in liability of HK$180,121.

Court Disposition

Judgment for plaintiffs against 1st defendant for HK$468,314; 2nd defendant jointly and severally liable limited to HK$180,121; pre-judgment interest at 1% above prime from date of writ to date of judgment; costs nisi for assessment awarded to plaintiffs against 1st and 2nd defendants, quantum to be taxed if not...

Orders

  • Judgment for plaintiffs against 1st defendant in the sum of HK$468,314.
  • 2nd defendant jointly and severally liable limited to HK$180,121 (HK$468,314 x 15/39).