LAU SAU PING及另一人 對 THE INCORPORATED OWNERS OF KAM SHING BUILDING

LAU SAU PING及另一人 對 THE INCORPORATED OWNERS OF KAM SHING BUILDING

On the balance of probabilities plaintiffs proved that seepage causing damage to the back shop originated from the building common platform; the incorporated owners, as managers of common parts under the deed of mutual covenant and Building Management Ordinance, knew of the problem and failed to take reasonable...

Source-derived case information.

Citation
[2023] HKDC 330
Parties
Plaintiff: LAU SAU PING; Plaintiff: CHUNG LI WAH; Defendant: THE INCORPORATED OWNERS OF KAM SHING BUILDING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 March 2023
Case Number
DCCJ939/2019
Procedural Posture
Civil Property Damage (seepage) and Injunction / Trial Judgment (regional Court)
Outcome
Claim allowed in part: judgment for plaintiffs for damages and mandatory injunction; claim for rental loss denied except for nominal diminution award
Legal Topics
Water Seepage, Negligence, Nuisance, Deed of Mutual Covenant Obligations, Mandatory Injunction, Damages, Mitigation of Loss, Building Management Ordinance (common Parts)
Source Language
ch
Property Law Tort Equity Statutory Regulation of Building Management Water Seepage Negligence Nuisance Deed of Mutual Covenant Obligations +4 more

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Parties

LAU SAU PING

Plaintiff

CHUNG LI WAH

Plaintiff

THE INCORPORATED OWNERS OF KAM SHING BUILDING

Defendant

Procedural Posture

Civil Property Damage (seepage) and Injunction / Trial Judgment (regional Court)

  1. 1 Whether seepage to the plaintiffs' premises originated from the building common platform
  2. 2 Whether the incorporated owners breached obligations under the deed of mutual covenant
  3. 3 Whether the incorporated owners breached statutory duties under Building Management Ordinance (Cap. 344) in relation to common parts

Ratio Decidendi

On the balance of probabilities plaintiffs proved that seepage causing damage to the back shop originated from the building common platform; the incorporated owners, as managers of common parts under the deed of mutual covenant and Building Management Ordinance, knew of the problem and failed to take reasonable remedial steps and thereby breached statutory and contractual duties and committed nuisance/negligence; appropriate relief is payment of reasonable restoration costs and a mandatory injunction ordering repairs within 42 days; plaintiffs' claim for overall rental loss failed for lack of causation and evidence, but nominal damages awarded for diminution.

Court Disposition

Claim allowed in part: judgment for plaintiffs for damages and mandatory injunction; claim for rental loss denied except for nominal diminution award

Orders

  • Defendant to pay plaintiffs damages totalling HKD 176,420
  • Defendant to, at its own cost, repair the building platform and carry out all remedial works necessary to stop any seepage from the platform to the subject premises within 42 days from date of judgment