FONG PO SHAN EUNICE AND ANOTHER v. CHUNG WING CHEUNG VINCENT AND ANOTHER

FONG PO SHAN EUNICE AND ANOTHER v. CHUNG WING CHEUNG VINCENT AND ANOTHER

The court found the plaintiffs entitled to damages for reasonable and necessary repair and short-term accommodation costs but not to the full sums claimed; absent expert evidence the lower contractor quotations were adequate and moving/storage costs were unnecessary, therefore award is limited to $9,000 each for repairs plus 6 days accommodation (actual amounts awarded); interest at judgment rate and a costs nisi ordering costs largely on the Small Claims Tribunal scale to the plaintiffs but requiring plaintiffs to pay defendants' District Court scale costs incurred after the defendants' admission of $50,000.

Citation
FONG PO SHAN EUNICE AND ANOTHER v. CHUNG WING CHEUNG VINCENT AND ANOTHER
Parties
1st Plaintiff: FONG PO SHAN EUNICE; 2nd Plaintiff: CHAN KIT YUK ANGELA; 1st Defendant: CHUNG WING CHEUNG VINCENT; 2nd Defendant: CHUNG YEE PING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 January 2011
Case Number
DCCJ4063/2009
Procedural Posture
Civil Action for Damages for Property Damage (negligence, Nuisance, Breach of Deed of Mutual Covenant) / Judgment (district Court)
Outcome
Judgment for the plaintiffs in part; damages awarded but reduced from claimed amounts
Legal Topics
Damages, Repair Costs, Causation, Costs Orders, Admissibility of Expert Evidence
Source Language
EN
Tort Nuisance Negligence Contract (deed of Mutual Covenant) Civil Procedure Damages Repair Costs Causation +2 more

Case Brief

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Parties

FONG PO SHAN EUNICE

1st Plaintiff

CHAN KIT YUK ANGELA

2nd Plaintiff

CHUNG WING CHEUNG VINCENT

1st Defendant

CHUNG YEE PING

2nd Defendant

Procedural Posture

Civil Action for Damages for Property Damage (negligence, Nuisance, Breach of Deed of Mutual Covenant) / Judgment (district Court)

Legal Issues

  1. 1 Whether renovation works and vibrations caused the cracks (causation)
  2. 2 What repair work was reasonably necessary and costs reasonable
  3. 3 Whether moving/storage/accommodation costs were recoverable

Ratio Decidendi

The court found the plaintiffs entitled to damages for reasonable and necessary repair and short-term accommodation costs but not to the full sums claimed; absent expert evidence the lower contractor quotations were adequate and moving/storage costs were unnecessary, therefore award is limited to $9,000 each for repairs plus 6 days accommodation (actual amounts awarded); interest at judgment rate and a costs nisi ordering costs largely on the Small Claims Tribunal scale to the plaintiffs but requiring plaintiffs to pay defendants' District Court scale costs incurred after the defendants' admission of $50,000.

Court Disposition

Judgment for the plaintiffs in part; damages awarded but reduced from claimed amounts

Orders

  • Award to Miss Fong of HKD 12,465 (repairs HKD 9,000 plus 6 days accommodation HKD 3,465)
  • Award to Miss Chan of HKD 13,200 (repairs HKD 9,000 plus 6 days accommodation HKD 4,200)