MOHAN SELVARAJ v. GRACE KA MAN O\'BRIEN

MOHAN SELVARAJ v. GRACE KA MAN O\'BRIEN

The judge found the defendant had no reasonable prospect of success on appeal because she failed to adduce expert evidence or tests to support her lay 'rain storm/external wall' hypothesis, the plaintiff's evidence including the MS report and affidavits established causation from the defendant's bathroom ceiling, and therefore leave to appeal and a stay of execution were dismissed.

Citation
[2019] HKDC 1365
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2019
Case Number
DCCJ3872/2018
Procedural Posture
Civil Water Seepage/damage and Injunction / Application for Leave to Appeal Against Summary Judgment and Application for Stay of Execution (post Summary Judgment)
Outcome
Defendant's applications for leave to appeal and for stay of execution dismissed
Legal Topics
Summary Judgment (order 14), Leave to Appeal, Injunction, Causation, Expert Evidence, Damages
Source Language
EN
Civil Property Tort Civil Procedure Summary Judgment (order 14) Leave to Appeal Injunction Causation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Water Seepage/damage and Injunction / Application for Leave to Appeal Against Summary Judgment and Application for Stay of Execution (post Summary Judgment)

Legal Issues

  1. 1 Whether leave to appeal should be granted against summary judgment
  2. 2 Whether stay of execution of injunction should be granted
  3. 3 Reliability and weight of two inconsistent water leak investigation reports

Ratio Decidendi

The judge found the defendant had no reasonable prospect of success on appeal because she failed to adduce expert evidence or tests to support her lay 'rain storm/external wall' hypothesis, the plaintiff's evidence including the MS report and affidavits established causation from the defendant's bathroom ceiling, and therefore leave to appeal and a stay of execution were dismissed.

Court Disposition

Defendant's applications for leave to appeal and for stay of execution dismissed

Orders

  • Defendant's applications for leave to appeal and for stay of execution dismissed
  • Costs to plaintiff to be taxed if not agreed