LEUNG WING YIU v. NG KWOK WAH AND ANOTHER

LEUNG WING YIU v. NG KWOK WAH AND ANOTHER

The plaintiff failed to discharge the burden of proving that the seepage into Flat 7B originated from Flat 8B; the court rejected the plaintiff's expert opinion as insufficiently substantiated and accepted the defendants' expert that rainwater ingress from the external wall/light well was the probable source;...

Source-derived case information.

Citation
LEUNG WING YIU v. NG KWOK WAH AND ANOTHER
Parties
Plaintiff: LEUNG WING YIU; 1st Defendant: NG KWOK WAH (administrator of the estate of NG MOON TONG, deceased); 2nd Defendant: NG WAH LEUNG VALUN; 3rd Defendant: NG KWOK WAH (personal representative of the estate of WAI HA KAN, deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 February 2014
Case Number
DCCJ4418/2011
Procedural Posture
Civil Action (nuisance, Breach of Deed of Mutual Covenant, Negligence Building Water Seepage) / Judgment After Trial
Outcome
Plaintiff's claim dismissed.
Legal Topics
Water Seepage, Nuisance, Duty of Incorporated Owners, Admissibility of Expert Evidence, Burden of Proof, Costs
Source Language
en
Property Law Tort Building Management Law Evidence Law Civil Procedure Water Seepage Nuisance Duty of Incorporated Owners +3 more

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Parties

LEUNG WING YIU

Plaintiff

NG KWOK WAH (administrator of the estate of NG MOON TONG, deceased)

1st Defendant

NG WAH LEUNG VALUN

2nd Defendant

NG KWOK WAH (personal representative of the estate of WAI HA KAN, deceased)

3rd Defendant

Procedural Posture

Civil Action (nuisance, Breach of Deed of Mutual Covenant, Negligence Building Water Seepage) / Judgment After Trial

Legal Issues

  1. 1 Whether the water seepage affecting Flat 7B originated from Flat 8B
  2. 2 Whether the defendants were liable in nuisance, for breach of the Deed of Mutual Covenant, or in negligence
  3. 3 Admissibility and reliability of expert evidence including dye tests and FEHD/DCL reports

Ratio Decidendi

The plaintiff failed to discharge the burden of proving that the seepage into Flat 7B originated from Flat 8B; the court rejected the plaintiff's expert opinion as insufficiently substantiated and accepted the defendants' expert that rainwater ingress from the external wall/light well was the probable source; accordingly the plaintiff's claim is dismissed and costs are awarded to the defendants.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • Claim dismissed
  • Defendants to have costs of the action to be taxed if not agreed, with certificate for counsel