陳炳華 v. 家利物業管理有限公司

陳炳華 v. 家利物業管理有限公司

Leave to appeal was granted because the grounds raised questions of law with a realistic prospect of success, including whether the exemption clause (Clause B6) was subject to the Control of Exemption Clauses Ordinance and whether the Adjudicator had erred in law in his treatment of exemption, nuisance and related issues; the Court could not conclude there was no reasonable prospect of success and therefore granted leave, with costs in the cause.

Citation
[2019] HKCFI 2267
Parties
1st Claimant (appellant): 陳炳華; 2nd Claimant: 况抒; Defendant (respondent): 家利物業管理有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2019
Case Number
HCSA20/2019
Procedural Posture
Small Claims Tribunal Appeal (leave Application) / Leave to Appeal Granted
Outcome
Leave to appeal granted
Legal Topics
Exemption Clauses, Management Agreement (deed of Mutual Covenant), Negligence, Nuisance, Leave to Appeal, Building Management
Source Language
EN
Property Law Contract Law Tort (negligence) Civil Procedure Exemption Clauses Management Agreement (deed of Mutual Covenant) Negligence Nuisance +2 more

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Parties

陳炳華

1st Claimant (appellant)

况抒

2nd Claimant

家利物業管理有限公司

Defendant (respondent)

Procedural Posture

Small Claims Tribunal Appeal (leave Application) / Leave to Appeal Granted

Legal Issues

  1. 1 Cause of leakage: bursting of drainage pipe versus blockage
  2. 2 Whether the Manager breached duties under the Deed of Mutual Covenant by failing to maintain drains and warn occupiers
  3. 3 Applicability and reasonableness of exemption clause (Clause B6) and applicability of the Control of Exemption Clauses Ordinance

Ratio Decidendi

Leave to appeal was granted because the grounds raised questions of law with a realistic prospect of success, including whether the exemption clause (Clause B6) was subject to the Control of Exemption Clauses Ordinance and whether the Adjudicator had erred in law in his treatment of exemption, nuisance and related issues; the Court could not conclude there was no reasonable prospect of success and therefore granted leave, with costs in the cause.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted to the Court of First Instance
  • Costs in the cause of the appeal