CHUNG CHE SHUM & ANOTHER v. DONG SAI MING FERNANDO & ANOTHER

CHUNG CHE SHUM & ANOTHER v. DONG SAI MING FERNANDO & ANOTHER

On the balance of probabilities the Court accepted Plaintiffs' expert evidence and R.I.T.S. findings, rejected the defence that leakage came from the neighbour or external wall, found the Defendants liable for water leakage into Plaintiffs' bathrooms and awarded damages and an injunction requiring remediation by registered plumbers.

Citation
CHUNG CHE SHUM & ANOTHER v. DONG SAI MING FERNANDO & ANOTHER
Parties
1st Plaintiff: Chung Che Shum; 2nd Plaintiff: Cheung Choy Yin; 1st Defendant: Dong Sai Ming Fernando; 2nd Defendant: Chan Pooi Ching
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 February 2007
Case Number
DCCJ21504/2001
Procedural Posture
Civil Action (property Damage / Nuisance) / Judgment (decision on Liability and Damages)
Outcome
Judgment for Plaintiffs on liability and damages; injunction granted
Legal Topics
Water Leakage, Nuisance, Negligence, Damages, Injunction, Expert Evidence, Burden of Proof
Source Language
EN
Property Law Tort Civil Litigation Remedies (injunction and Damages) Water Leakage Nuisance Negligence Damages +3 more

Case Brief

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Parties

Chung Che Shum

1st Plaintiff

Cheung Choy Yin

2nd Plaintiff

Dong Sai Ming Fernando

1st Defendant

Chan Pooi Ching

2nd Defendant

Procedural Posture

Civil Action (property Damage / Nuisance) / Judgment (decision on Liability and Damages)

Legal Issues

  1. 1 Whether the source of water leakage was the Defendants' premises
  2. 2 Whether the Defendants are liable in nuisance/negligence for damage to Plaintiffs' property
  3. 3 Weight to be given to competing expert evidence and testing methods (R.I.T.S. vs protimeter/dye test)

Ratio Decidendi

On the balance of probabilities the Court accepted Plaintiffs' expert evidence and R.I.T.S. findings, rejected the defence that leakage came from the neighbour or external wall, found the Defendants liable for water leakage into Plaintiffs' bathrooms and awarded damages and an injunction requiring remediation by registered plumbers.

Court Disposition

Judgment for Plaintiffs on liability and damages; injunction granted

Orders

  • Defendants to pay Plaintiffs special damages of HKD 69,000
  • Defendants to pay Plaintiffs general damages of HKD 80,000 with interest at 2% per annum from date of Writ to date of judgment