FU SAU TAI, RAYMOND v. WOO KWONG PO AND ANOTHER

FU SAU TAI, RAYMOND v. WOO KWONG PO AND ANOTHER

Incidents 1 and 2 were resolved by settlement through the insurer leaving only the uninsured excess which the Plaintiff refused to accept; the Plaintiff failed to prove on the balance of probabilities that Incident 3 or the later persistent seepage (Incidents 4–5 and thereafter) originated from Flat 410; contemporaneous Joint Office findings, multiple independent consultant reports and the defendant expert’s evidence pointing to ingress via defective external walls established that causation was not proved against the Defendants; accordingly the claim is dismissed and costs awarded to Defendants.

Citation
[2025] HKDC 904
Parties
1st Plaintiff: Fu Sau Tai, Raymond 傅寿泰; 2nd Plaintiff (discontinued): Wu Xue Ping 伍雪平; 1st Defendant: Woo Kwong Po 胡廣波; 2nd Defendant: Chan Yau Hing, Carmen 陳有卿
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2025
Case Number
DCCJ5546/2020
Procedural Posture
Civil Tort Nuisance and Injunction for Water Leakage / Trial Judgment (final)
Outcome
Claim dismissed. Judgment for the Defendants. Costs to the Defendants to be taxed if not agreed. Certificate for Counsel for the trial.
Legal Topics
Nuisance, Water Leakage, Causation, Expert Evidence, Subrogation, Settlement/compromise, Remedies Damages and Injunction
Source Language
EN
Tort Property Building and Construction Insurance Law Civil Procedure Nuisance Water Leakage Causation +4 more

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Parties

Fu Sau Tai, Raymond 傅寿泰

1st Plaintiff

Wu Xue Ping 伍雪平

2nd Plaintiff (discontinued)

Woo Kwong Po 胡廣波

1st Defendant

Chan Yau Hing, Carmen 陳有卿

2nd Defendant

Procedural Posture

Civil Tort Nuisance and Injunction for Water Leakage / Trial Judgment (final)

Legal Issues

  1. 1 Whether the Defendants caused water leakage to Flat 310 for each incident (1–5)
  2. 2 Whether incidents 1 and 2 were settled by insurer subrogation/compromise
  3. 3 Whether the Plaintiff discharged burden of proof on causation and nuisance

Ratio Decidendi

Incidents 1 and 2 were resolved by settlement through the insurer leaving only the uninsured excess which the Plaintiff refused to accept; the Plaintiff failed to prove on the balance of probabilities that Incident 3 or the later persistent seepage (Incidents 4–5 and thereafter) originated from Flat 410; contemporaneous Joint Office findings, multiple independent consultant reports and the defendant expert’s evidence pointing to ingress via defective external walls established that causation was not proved against the Defendants; accordingly the claim is dismissed and costs awarded to Defendants.

Court Disposition

Claim dismissed. Judgment for the Defendants. Costs to the Defendants to be taxed if not agreed. Certificate for Counsel for the trial.

Orders

  • Plaintiff's claim dismissed against the Defendants
  • Costs awarded to the Defendants to be taxed if not agreed