LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

On the balance of probabilities the 1st defendant breached the Main Contract and/or was negligent in performing renovation works and waterproofing, causing the pleaded defects and water seepage; the court accepted the plaintiffs' expert evidence where credible, rejected VO6 and certain defendant contentions, awarded specific remediation and general damages (including loss of enjoyment), set off unpaid contract sums, and ordered the 2nd defendant to refund supervision fees.

Citation
[2023] HKDC 972
Parties
1st Plaintiff: Lucky Fact Garments Limited; 2nd Plaintiff: Wong Kam Hing; 1st Defendant: Kwok Chi Kuen trading as Global Interior Design; 2nd Defendant: Cheung Sin Kwan trading as B2 Interior Design
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 July 2023
Case Number
DCCJ5742/2019
Procedural Posture
Civil Action (construction/contract and Tort Defective Renovation and Water Seepage) / Judgment (trial Level)
Outcome
Judgment for plaintiffs. 1st defendant ordered to pay net damages of HKD 289,018.20 to the plaintiffs; 2nd defendant ordered to refund supervision fees of HKD 120,000.00 to the plaintiffs. Costs order nisi that defendants pay 80% of plaintiffs' costs (to be taxed if not agreed) with specific exclusions; various...
Legal Topics
Defective Renovation, Water Seepage, Loss of Enjoyment, Expert Evidence, Variation Orders, Damages Assessment, Costs and Set Off
Source Language
EN
Contract Tort (negligence) Construction Property Civil Procedure (expert Evidence and Costs) Defective Renovation Water Seepage Loss of Enjoyment +4 more

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Parties

Lucky Fact Garments Limited

1st Plaintiff

Wong Kam Hing

2nd Plaintiff

Kwok Chi Kuen trading as Global Interior Design

1st Defendant

Cheung Sin Kwan trading as B2 Interior Design

2nd Defendant

Procedural Posture

Civil Action (construction/contract and Tort Defective Renovation and Water Seepage) / Judgment (trial Level)

Legal Issues

  1. 1 Whether the 2nd plaintiff was a contracting party to the Main Contract
  2. 2 Whether the 1st defendant breached the Main Contract and/or owed a tortious duty causing the alleged defects
  3. 3 Whether water seepage occurred and whether it was caused by the 1st defendant's works

Ratio Decidendi

On the balance of probabilities the 1st defendant breached the Main Contract and/or was negligent in performing renovation works and waterproofing, causing the pleaded defects and water seepage; the court accepted the plaintiffs' expert evidence where credible, rejected VO6 and certain defendant contentions, awarded specific remediation and general damages (including loss of enjoyment), set off unpaid contract sums, and ordered the 2nd defendant to refund supervision fees.

Court Disposition

Judgment for plaintiffs. 1st defendant ordered to pay net damages of HKD 289,018.20 to the plaintiffs; 2nd defendant ordered to refund supervision fees of HKD 120,000.00 to the plaintiffs. Costs order nisi that defendants pay 80% of plaintiffs' costs (to be taxed if not agreed) with specific exclusions; various...

Orders

  • 1st Defendant to pay plaintiffs HKD 289,018.20 as damages
  • Interest on HKD 39,018.20 at 1% above HSBC best lending rate from service of writ to judgment, thereafter at judgment rate until payment