HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER

HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER

The 2nd Defendant was negligent for failing to provide waterproof sealing as required (Reg 36(2)), and the 1st Defendant, as manager of the common parts, was negligent in failing to remedy the defect after notice; the court dismissed the claim for injunction for lack of jurisdiction/evidence on rateable value and...

Source-derived case information.

Citation
HUNG TUNG SHING AND ANOTHER v. THE INCORPORATED OWNERS OF KWONG SANG HONG BUILDING BLOCK B AND ANOTHER
Parties
Plaintiff: Hung Tung Shing; Plaintiff: Wong Kwan Ching; 1st Defendant: The Incorporated Owners of Kwong Sang Hong Building Block B; 2nd Defendant: Perfect Construction Engineering (Int'l) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 April 2002
Case Number
DCCJ3013/2001
Procedural Posture
Civil: Nuisance/negligence Relating to Building Works and Property Damage / Judgment (district Court)
Outcome
Plaintiffs' claim for injunction dismissed; Plaintiffs succeed on damages for nuisance/negligence against both defendants jointly and severally; indemnity claim by 1st Defendant against 2nd Defendant dismissed; costs awarded to Plaintiffs against 2nd Defendant on assessed scale.
Legal Topics
Nuisance, Negligence (duty of Care), Injunction Jurisdiction and Joinder, Maintenance of Common Parts, Statutory Compliance With Building Regulations, Assessment of Damages, Indemnity Claim
Source Language
en
Tort Property Law Contract Building Management Civil Procedure Nuisance Negligence (duty of Care) Injunction Jurisdiction and Joinder +4 more

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Parties

Hung Tung Shing

Plaintiff

Wong Kwan Ching

Plaintiff

The Incorporated Owners of Kwong Sang Hong Building Block B

1st Defendant

Perfect Construction Engineering (Int'l) Limited

2nd Defendant

Procedural Posture

Civil: Nuisance/negligence Relating to Building Works and Property Damage / Judgment (district Court)

Legal Issues

  1. 1 Whether the District Court had jurisdiction to grant the mandatory injunction sought
  2. 2 Whether other owners of affected flats must be joined before a mandatory injunction is granted
  3. 3 Causation and source of seepage/damage to Flat 12-I

Ratio Decidendi

The 2nd Defendant was negligent for failing to provide waterproof sealing as required (Reg 36(2)), and the 1st Defendant, as manager of the common parts, was negligent in failing to remedy the defect after notice; the court dismissed the claim for injunction for lack of jurisdiction/evidence on rateable value and for failure to join other affected owners; damages of HKD 20,000 were awarded to the Plaintiffs against both defendants jointly and severally, interest was ordered, the 1st Defendant's indemnity claim against the 2nd Defendant was dismissed, and costs were assessed against the 2nd Defendant on a Small Claims Tribunal scale.

Court Disposition

Plaintiffs' claim for injunction dismissed; Plaintiffs succeed on damages for nuisance/negligence against both defendants jointly and severally; indemnity claim by 1st Defendant against 2nd Defendant dismissed; costs awarded to Plaintiffs against 2nd Defendant on assessed scale.

Orders

  • Judgment for Plaintiffs against both Defendants jointly and severally for damages of HKD 20,000
  • Interest on HKD 20,000 at 4.07% per annum from date of writ until judgment and thereafter at judgment rate until payment