HO KIN CHEONG AND ANOTHER v. TSUI HOK KWAN STANLEY AND ANOTHER

HO KIN CHEONG AND ANOTHER v. TSUI HOK KWAN STANLEY AND ANOTHER

Interlocutory judgment having established liability and with defendants absent and calling no evidence, the unchallenged expert survey and test reports and their cost estimates provided a sufficient evidentiary basis for awarding the claimed repair costs and expert fees, which the court allowed in full.

Citation
HO KIN CHEONG AND ANOTHER v. TSUI HOK KWAN STANLEY AND ANOTHER
Parties
1st Plaintiff: Ho Kin Cheong; 2nd Plaintiff: Ho Wing Cheong; 1st Defendant: Tsui Hok Kwan Stanley; 2nd Defendant: Yeung Siu Mei
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 May 2008
Case Number
DCCJ4292/2007
Procedural Posture
Civil Property Damage (water Leakage) / Assessment of Damages Following Interlocutory/default Judgment
Outcome
Assessment of damages granted for plaintiffs in full following default judgment
Legal Topics
Damages Assessment, Default Judgment, Expert Evidence
Source Language
EN
Civil Tort Property Civil Procedure Damages Assessment Default Judgment Expert Evidence

Case Brief

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Parties

Ho Kin Cheong

1st Plaintiff

Ho Wing Cheong

2nd Plaintiff

Tsui Hok Kwan Stanley

1st Defendant

Yeung Siu Mei

2nd Defendant

Procedural Posture

Civil Property Damage (water Leakage) / Assessment of Damages Following Interlocutory/default Judgment

Legal Issues

  1. 1 Liability for water leakage damage from defendants' property
  2. 2 Quantum of damages for repair costs and expert fees
  3. 3 Weight of unchallenged expert reports in assessment proceedings

Ratio Decidendi

Interlocutory judgment having established liability and with defendants absent and calling no evidence, the unchallenged expert survey and test reports and their cost estimates provided a sufficient evidentiary basis for awarding the claimed repair costs and expert fees, which the court allowed in full.

Court Disposition

Assessment of damages granted for plaintiffs in full following default judgment

Orders

  • Damages awarded to plaintiffs in the sum of HK$126,139.50
  • Expert report fees awarded in the sum of HK$12,000 for two reports