KONG LAI WAN AND ANOTHER v. HO SHUI LUNG

KONG LAI WAN AND ANOTHER v. HO SHUI LUNG

Liability was fixed by interlocutory judgment; the Court accepted the plaintiff's witness evidence and the unchallenged expert report for quantum; the Court excluded the defendant's late, unserved documents for lack of relevance and prejudice; awards were made adopting the expert's repair estimate (HK$49,354.90),...

Source-derived case information.

Citation
[2024] HKDC 1331
Parties
1st Plaintiff: Kong Lai Wan; 2nd Plaintiff: Yuen Kai Leung; Defendant: Ho Shui Lung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 August 2024
Case Number
DCCJ482/2019
Procedural Posture
Civil Tort (nuisance and Negligence) and Breach of Deed of Mutual Covenant / Assessment of Damages After Interlocutory Judgment
Outcome
Interlocutory judgment upheld; damages assessed in favour of the Plaintiffs in the sum of HK$241,655.90; Defendant's late documents excluded; Plaintiff entitled to interest and costs.
Legal Topics
Nuisance, Negligence, Assessment of Damages, Admission of Evidence, Injunctions, Costs, Interest
Source Language
en
Tort Property Law Civil Procedure Nuisance Negligence Assessment of Damages Admission of Evidence Injunctions +2 more

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Parties

Kong Lai Wan

1st Plaintiff

Yuen Kai Leung

2nd Plaintiff

Ho Shui Lung

Defendant

Procedural Posture

Civil Tort (nuisance and Negligence) and Breach of Deed of Mutual Covenant / Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Whether liability remained contested given interlocutory judgment and whether late evidence should be admitted
  2. 2 Quantum of damages for physical damage to property and chattels
  3. 3 Recoverability and reasonableness of repair costs, alternative accommodation, storage/moving expenses, and replacement items

Ratio Decidendi

Liability was fixed by interlocutory judgment; the Court accepted the plaintiff's witness evidence and the unchallenged expert report for quantum; the Court excluded the defendant's late, unserved documents for lack of relevance and prejudice; awards were made adopting the expert's repair estimate (HK$49,354.90), allowing the 2017 invoice (HK$22,100), awarding limited sums for alternative accommodation and storage (total HK$15,000), limited replacement/repair items (HK$5,201) and HK$150,000 for distress, resulting in total damages of HK$241,655.90 plus interest and costs.

Court Disposition

Interlocutory judgment upheld; damages assessed in favour of the Plaintiffs in the sum of HK$241,655.90; Defendant's late documents excluded; Plaintiff entitled to interest and costs.

Orders

  • Damages awarded to Plaintiffs in the sum of HK$241,655.90
  • Refusal to admit the Defendant's late and unserved documents as evidence