ESPIRITU MARCELINO N AND ANOTHER v. LO KIT

ESPIRITU MARCELINO N AND ANOTHER v. LO KIT

The defendant, as owner, was liable in negligence for the collapse of the unauthorised, corroded balcony (a metal cage) because it was poorly constructed, exposed to damp and not maintained or supported; the defendant's late concession of liability following acceptance of the Building Department's report settled factual causation and liability and there was no pursued contributory negligence; damages were assessed on the evidence and plaintiff vulnerability and economic loss quantified by lump sums.

Citation
ESPIRITU MARCELINO N AND ANOTHER v. LO KIT
Parties
1st Plaintiff: ESPIRITU MARCELINO N; 2nd Plaintiff: TAN, ANNABEL M; Defendant: LO KIT
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2000
Case Number
HCPI1266/1997
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiffs on liability and quantum
Legal Topics
Liability for Collapse of Structures, Assessment of Damages, Causation, Illegal/unauthorised Structures, Possession Proceedings
Source Language
EN
Personal Injury Negligence Landlord and Tenant Building/construction Law Liability for Collapse of Structures Assessment of Damages Causation Illegal/unauthorised Structures +1 more

Case Brief

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Parties

ESPIRITU MARCELINO N

1st Plaintiff

TAN, ANNABEL M

2nd Plaintiff

LO KIT

Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the defendant was negligent in failing to maintain an unauthorised balcony structure causing its collapse and plaintiffs injuries
  2. 2 Whether plaintiffs conduct contributed to the collapse (contributory negligence)
  3. 3 Proper assessment and components of damages for physical injury and nervous shock

Ratio Decidendi

The defendant, as owner, was liable in negligence for the collapse of the unauthorised, corroded balcony (a metal cage) because it was poorly constructed, exposed to damp and not maintained or supported; the defendant's late concession of liability following acceptance of the Building Department's report settled factual causation and liability and there was no pursued contributory negligence; damages were assessed on the evidence and plaintiff vulnerability and economic loss quantified by lump sums.

Court Disposition

Judgment for the Plaintiffs on liability and quantum

Orders

  • Judgment for 1st Plaintiff in the sum of HKD 436000 with interest for the relevant periods
  • Judgment for 2nd Plaintiff in the sum of HKD 86000 with interest for the relevant periods