CHAN KWONG SUM 對 LAM MUNG LAN(林夢蘭), the administratrix of the estate of I SIU HUNG, deceased

CHAN KWONG SUM 對 LAM MUNG LAN(林夢蘭), the administratrix of the estate of I SIU HUNG, deceased

Because liability had been finally determined and the defendant failed to comply with orders and file evidence, the court accepted the plaintiff's evidence and the uncontested expert report. The court awarded repair costs at the pleaded amount HK$72,174.22, relocation/accommodation costs pro rata for 14 days...

Source-derived case information.

Citation
[2023] HKDC 1810
Parties
Plaintiff: CHAN KWONG SUM; Defendant: LAM MUNG LAN (administratrix of the estate of I SIU HUNG, deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 December 2023
Case Number
DCCJ2123/2020
Procedural Posture
Tort Negligence / Nuisance / Statutory Duty (building Management) / Damages Assessment Hearing Following Default/non Contested Judgment
Outcome
Judgment entered for plaintiff on quantum; defendant ordered to pay damages, interest and costs.
Legal Topics
Water Ingress, Damages Assessment, Expert Evidence, Service and Non Compliance, Interest and Costs
Source Language
ch
Tort Property Civil Procedure Building Management Water Ingress Damages Assessment Expert Evidence Service and Non Compliance +1 more

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Parties

CHAN KWONG SUM

Plaintiff

LAM MUNG LAN (administratrix of the estate of I SIU HUNG, deceased)

Defendant

Procedural Posture

Tort Negligence / Nuisance / Statutory Duty (building Management) / Damages Assessment Hearing Following Default/non Contested Judgment

  1. 1 Quantum of damages for repair of water ingress damage
  2. 2 Recoverability and quantum of relocation/accommodation costs during repairs
  3. 3 Recoverability of surveyor/professional fees as damages vs costs

Ratio Decidendi

Because liability had been finally determined and the defendant failed to comply with orders and file evidence, the court accepted the plaintiff's evidence and the uncontested expert report. The court awarded repair costs at the pleaded amount HK$72,174.22, relocation/accommodation costs pro rata for 14 days totalling HK$13,346.67 (calculated from plaintiff's chosen hotel rate), treated the surveyor's fee as recoverable as part of costs not damages, and awarded general damages for inconvenience and distress of HK$90,000; interest and costs were ordered as per the judgment.

Court Disposition

Judgment entered for plaintiff on quantum; defendant ordered to pay damages, interest and costs.

Orders

  • Defendant to pay plaintiff repair costs HK$72,174.22
  • Defendant to pay plaintiff general damages for distress, inconvenience and loss of amenity HK$90,000.00