YIM WAI LING AND ANOTHER v. YUEN CHIK WAH AND ANOTHER

YIM WAI LING AND ANOTHER v. YUEN CHIK WAH AND ANOTHER

On the balance of probabilities the court found there was water seepage in November 2012 that originated from the defendants' bathroom due to a defective waterproof membrane under the defendants' bathtub; the defendants breached their duty of care and were liable in negligence and liable in nuisance for allowing the nuisance to continue; injunction was refused as damages were adequate; damages of HK$32,500 awarded together with interest and costs to plaintiffs.

Citation
YIM WAI LING AND ANOTHER v. YUEN CHIK WAH AND ANOTHER
Parties
1st Plaintiff: Yim Wai Ling; 2nd Plaintiff: Poon Chun Hong; 1st Defendant: Yuen Chik Wah; 2nd Defendant: Kwan Sin Man
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 August 2016
Case Number
DCCJ663/2013
Procedural Posture
Civil Action Nuisance and Negligence (property Water Seepage) / Judgment (district Court)
Outcome
Plaintiffs' claims in negligence and nuisance partially successful; injunction dismissed; damages awarded.
Legal Topics
Nuisance, Negligence, Injunction, Damages, Expert Evidence, Causation
Source Language
EN
Tort Property Civil Procedure Nuisance Negligence Injunction Damages Expert Evidence +1 more

Case Brief

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Parties

Yim Wai Ling

1st Plaintiff

Poon Chun Hong

2nd Plaintiff

Yuen Chik Wah

1st Defendant

Kwan Sin Man

2nd Defendant

Procedural Posture

Civil Action Nuisance and Negligence (property Water Seepage) / Judgment (district Court)

Legal Issues

  1. 1 Whether water seepage occurred in November 2012 at the plaintiffs' premises
  2. 2 Whether the seepage originated from the defendants' premises and by what mechanism
  3. 3 Whether the defendants were negligent in failing to maintain waterproofing

Ratio Decidendi

On the balance of probabilities the court found there was water seepage in November 2012 that originated from the defendants' bathroom due to a defective waterproof membrane under the defendants' bathtub; the defendants breached their duty of care and were liable in negligence and liable in nuisance for allowing the nuisance to continue; injunction was refused as damages were adequate; damages of HK$32,500 awarded together with interest and costs to plaintiffs.

Court Disposition

Plaintiffs' claims in negligence and nuisance partially successful; injunction dismissed; damages awarded.

Orders

  • Defendants shall pay plaintiffs damages of HK$32,500 with interest at judgment rate from the date of writ until payment.
  • Claim for prohibitory injunction is dismissed.