CHAN HIU YI 對 THE INCORPORATED OWNERS OF YUET MING BUILDING YUET WAH STREET

CHAN HIU YI 對 THE INCORPORATED OWNERS OF YUET MING BUILDING YUET WAH STREET

On the balance of probabilities the external wall had defects which were at least one source of the applicant's internal wall water ingress; the incorporated owners, having been on notice and having had sufficient information and opportunity to investigate and to commission repairs, failed to take appropriate steps...

Source-derived case information.

Citation
[2023] HKLdT 15
Parties
Applicant: CHAN HIU YI; Respondent: THE INCORPORATED OWNERS OF YUET MING BUILDING YUET WAH STREET
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 March 2023
Case Number
LDBM151/2021
Procedural Posture
Building Management Application / Judgment
Outcome
Applicant's claim allowed in part; respondent liable for breach of statutory duty under s.18(1)(a) BMO
Legal Topics
Water Ingress, Maintenance Obligations of Incorporated Owners, Liability for Common Parts, Damages Quantification, Expert Evidence and Testing Methods
Source Language
ch
Building Management Property Tort Statutory Duty Water Ingress Maintenance Obligations of Incorporated Owners Liability for Common Parts Damages Quantification +1 more

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Parties

CHAN HIU YI

Applicant

THE INCORPORATED OWNERS OF YUET MING BUILDING YUET WAH STREET

Respondent

Procedural Posture

Building Management Application / Judgment

  1. 1 What was the source of the water ingress
  2. 2 Whether the incorporated owners breached their statutory duty to maintain common parts (s.18(1)(a) BMO)
  3. 3 Causation between maintenance breach and applicant's damage

Ratio Decidendi

On the balance of probabilities the external wall had defects which were at least one source of the applicant's internal wall water ingress; the incorporated owners, having been on notice and having had sufficient information and opportunity to investigate and to commission repairs, failed to take appropriate steps and therefore breached their statutory duty under s.18(1)(a) BMO; the applicant proved loss but not the full amount claimed, and a fair award for external and internal repairs and related measures was HKD 83,330.6 plus interest and costs.

Court Disposition

Applicant's claim allowed in part; respondent liable for breach of statutory duty under s.18(1)(a) BMO

Orders

  • Respondent to pay applicant HKD 83,330.6
  • Judgment carries interest under Land Tribunal Ordinance s.12C from the date of the judgment until full payment