886HK LTD AND ANOTHER v. AMJAD NADEEM

886HK LTD AND ANOTHER v. AMJAD NADEEM

Because liability was established and the undisputed Water Flooding Incident caused extensive additional damage not captured by earlier inspections, and because the 2nd plaintiff's evidence as to expenses and need for alternative accommodation was credible and unchallenged, the court accepted the plaintiffs'...

Source-derived case information.

Citation
[2018] HKDC 405
Parties
1st Plaintiff: 886HK LIMITED; 2nd Plaintiff: KIM TSAN JUNG; Defendant: AMJAD NADEEM
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 April 2018
Case Number
DCCJ3113/2012
Procedural Posture
Civil Nuisance and Negligence (water Seepage) / Assessment of Damages (judgment on Liability Entered)
Outcome
Assessment grants plaintiffs' claimed pecuniary and non-pecuniary damages in full and orders interest and costs to plaintiffs.
Legal Topics
Nuisance, Negligence, Rylands V Fletcher Principle, Deed of Mutual Covenant, Assessment of Damages, Non Pecuniary Loss, Costs, Interest
Source Language
en
Tort Property Law Civil Procedure Nuisance Negligence Rylands V Fletcher Principle Deed of Mutual Covenant Assessment of Damages +3 more

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Summary, issues, holding and outcome

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Parties

886HK LIMITED

1st Plaintiff

KIM TSAN JUNG

2nd Plaintiff

AMJAD NADEEM

Defendant

Procedural Posture

Civil Nuisance and Negligence (water Seepage) / Assessment of Damages (judgment on Liability Entered)

Legal Issues

  1. 1 Quantification of damages for water seepage and flooding
  2. 2 Whether damages should include replacement/reinstatement and alternative accommodation
  3. 3 Weight to be given to expert reports and oral evidence

Ratio Decidendi

Because liability was established and the undisputed Water Flooding Incident caused extensive additional damage not captured by earlier inspections, and because the 2nd plaintiff's evidence as to expenses and need for alternative accommodation was credible and unchallenged, the court accepted the plaintiffs' itemised pecuniary and non-pecuniary claims despite limited weight given to the second expert report and awarded the full claimed sums with interest and costs to the plaintiffs.

Court Disposition

Assessment grants plaintiffs' claimed pecuniary and non-pecuniary damages in full and orders interest and costs to plaintiffs.

Orders

  • Award HKD 689,300 to 1st plaintiff (886HK LIMITED)
  • Award HKD 186,000 to 2nd plaintiff (KIM TSAN JUNG)