HARVON LIMITED AND ANOTHER v. DAYS PROPERTIES LTD

HARVON LIMITED AND ANOTHER v. DAYS PROPERTIES LTD

On the totality of the interlocutory evidence the defendant had raised a credible triable issue because the coloured water tests were inconclusive and the joint thermographic report was not definitive; accordingly summary judgment and mandatory injunction were not justified and the defendant was granted unconditional leave to defend, with detailed case management directions to prepare the matter for trial.

Citation
HARVON LIMITED AND ANOTHER v. DAYS PROPERTIES LTD
Parties
1st Plaintiff: Harvon Limited; 2nd Plaintiff: Shih, Hing Wong Stephen; Defendant: Days Properties Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 October 2012
Case Number
DCCJ4720/2011
Procedural Posture
Civil Property/neighbour Dispute (water Leakage) With Summary Judgment Application / Hearing of Summary Judgment Application and Case Management Directions (leave to Defend Granted)
Outcome
Defendant granted unconditional leave to defend; summary judgment and mandatory injunction refused; case to proceed to trial or other resolution subject to case management directions.
Legal Topics
Summary Judgment, Leave to Defend, Expert Evidence (thermographic and Coloured Water Tests), Case Management and Directions, Damages, Injunctive Relief
Source Language
EN
Civil Procedure Property Law Negligence Nuisance Equitable Relief/injunctions Summary Judgment Leave to Defend Expert Evidence (thermographic and Coloured Water Tests) +3 more

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Parties

Harvon Limited

1st Plaintiff

Shih, Hing Wong Stephen

2nd Plaintiff

Days Properties Limited

Defendant

Procedural Posture

Civil Property/neighbour Dispute (water Leakage) With Summary Judgment Application / Hearing of Summary Judgment Application and Case Management Directions (leave to Defend Granted)

Legal Issues

  1. 1 Whether the defendant has raised a credible defence that the water leakage did not originate from the defendant's 7th floor apartment
  2. 2 Whether summary judgment and/or mandatory injunction should be granted on the interlocutory evidence
  3. 3 Evaluation and weight of competing expert/testing evidence (rapid infrared thermography v coloured water tests)

Ratio Decidendi

On the totality of the interlocutory evidence the defendant had raised a credible triable issue because the coloured water tests were inconclusive and the joint thermographic report was not definitive; accordingly summary judgment and mandatory injunction were not justified and the defendant was granted unconditional leave to defend, with detailed case management directions to prepare the matter for trial.

Court Disposition

Defendant granted unconditional leave to defend; summary judgment and mandatory injunction refused; case to proceed to trial or other resolution subject to case management directions.

Orders

  • Extension of time granted for filing and service of defendant's affirmation; defendant ordered to pay plaintiffs HK$800 for that summons
  • Defendant to file and serve its defence within 14 days of the order