CHENG CHI WING AND OTHERS v. HO SHU WAH AND ANOTHER

CHENG CHI WING AND OTHERS v. HO SHU WAH AND ANOTHER

The court found on the evidence that the source of leakage was the defendants' guest bathroom under their exclusive control; the defendants failed to maintain the bathroom causing water to seep through gaps/cracks into the plaintiffs' premises, establishing negligence and breach of the deed of mutual covenant, entitling plaintiffs to damages and a permanent injunction; repair costs were not awarded because plaintiffs failed to prove quantum for repairs.

Citation
CHENG CHI WING AND OTHERS v. HO SHU WAH AND ANOTHER
Parties
1st Plaintiff: Cheng Chi Wing; 2nd Plaintiff: Lo Yee Ha; 3rd Plaintiff (minor Sued by Lo Yee Ha as Mother and Next Friend): Cheng Yu Ching; 1st Defendant: Ho Shu Wah; 2nd Defendant: Chan Yin Fan Weddy
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2007
Case Number
DCCJ2370/2005
Procedural Posture
Civil Action Tort (nuisance/negligence) for Property Damage and Personal Injury / Judgment After Trial (judgment Handed Down)
Outcome
Judgment for the plaintiffs on liability; permanent injunction granted; damages awarded in specified sum; costs ordered on indemnity basis subject to taxation.
Legal Topics
Nuisance, Negligence, Breach of Deed of Mutual Covenant, Property Damage, Personal Injury (skin Condition), Injunction, Damages, Costs
Source Language
EN
Tort Property Law Equity Civil Procedure Nuisance Negligence Breach of Deed of Mutual Covenant Property Damage +4 more

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Parties

Cheng Chi Wing

1st Plaintiff

Lo Yee Ha

2nd Plaintiff

Cheng Yu Ching

3rd Plaintiff (minor Sued by Lo Yee Ha as Mother and Next Friend)

Ho Shu Wah

1st Defendant

Chan Yin Fan Weddy

2nd Defendant

Procedural Posture

Civil Action Tort (nuisance/negligence) for Property Damage and Personal Injury / Judgment After Trial (judgment Handed Down)

Legal Issues

  1. 1 Whether the defendants were liable for water leakage into the plaintiffs' premises
  2. 2 Whether the leakage constituted actionable nuisance and/or negligence
  3. 3 Whether the defendants breached the deed of mutual covenant obligation to keep the flat in good repair

Ratio Decidendi

The court found on the evidence that the source of leakage was the defendants' guest bathroom under their exclusive control; the defendants failed to maintain the bathroom causing water to seep through gaps/cracks into the plaintiffs' premises, establishing negligence and breach of the deed of mutual covenant, entitling plaintiffs to damages and a permanent injunction; repair costs were not awarded because plaintiffs failed to prove quantum for repairs.

Court Disposition

Judgment for the plaintiffs on liability; permanent injunction granted; damages awarded in specified sum; costs ordered on indemnity basis subject to taxation.

Orders

  • Permanent injunction restraining the defendants from causing, permitting, allowing or suffering water to be leaked, seeped or discharged from the defendants' premises into the plaintiffs' premises.
  • The defendants to pay the plaintiffs HKD 46,815 within 14 days (HKD 1,815 medical expenses and HKD 45,000 for inconvenience and nuisance).