LI YEN TUNG AND ANOTHER v. K.N. TEXTILE LTD

LI YEN TUNG AND ANOTHER v. K.N. TEXTILE LTD

The Court found the Defendant liable for certain water seepage and fibre contamination caused by failure to maintain pipes and by emissions from its 6/F operations; it accepted parts of the Plaintiffs' expert evidence and belated documentary proofs, awarded quantified damages for structural repairs, cleaning and contaminated goods to the 1st and 2nd Plaintiffs, and rejected the claimed loss of use for Workshops E and F due to insufficient pleadings and unreasonable delay by Plaintiffs.

Citation
LI YEN TUNG AND ANOTHER v. K.N. TEXTILE LTD
Parties
1st Plaintiff: Li Yen Tung; 2nd Plaintiff: Forerunner Floral Limited; Defendant: K.N. Textile Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2004
Case Number
HCA395/2002
Procedural Posture
Civil Action for Damages (tort/nuisance/property Damage) / Judgment (court of First Instance)
Outcome
Judgment for Plaintiffs in part; Defendant liable and ordered to pay specified damages; loss of use claim dismissed
Legal Topics
Pollution, Water Seepage, Dust/fibre Contamination, Damages Quantum, Expert Evidence, Costs
Source Language
EN
Tort Nuisance Property Damage Landlord and Tenant Civil Procedure Pollution Water Seepage Dust/fibre Contamination +3 more

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Parties

Li Yen Tung

1st Plaintiff

Forerunner Floral Limited

2nd Plaintiff

K.N. Textile Limited

Defendant

Procedural Posture

Civil Action for Damages (tort/nuisance/property Damage) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the Defendant was liable for damage caused by blue cotton fluff emitted from its workshops
  2. 2 Whether the Defendant was liable for water seepage from drainage piping serving the 6/F into Plaintiffs' 5/F workshops
  3. 3 Quantum of damages for structural repairs, cleaning and for contaminated goods

Ratio Decidendi

The Court found the Defendant liable for certain water seepage and fibre contamination caused by failure to maintain pipes and by emissions from its 6/F operations; it accepted parts of the Plaintiffs' expert evidence and belated documentary proofs, awarded quantified damages for structural repairs, cleaning and contaminated goods to the 1st and 2nd Plaintiffs, and rejected the claimed loss of use for Workshops E and F due to insufficient pleadings and unreasonable delay by Plaintiffs.

Court Disposition

Judgment for Plaintiffs in part; Defendant liable and ordered to pay specified damages; loss of use claim dismissed

Orders

  • Judgment for the 1st Plaintiff in the sum of HK$72,200
  • Judgment for the 2nd Plaintiff in the sum of HK$730,096.86