VAST TEAM (HONG KONG) LTD v. HONG KONG MARINE CONTRACTORS LTD

VAST TEAM (HONG KONG) LTD v. HONG KONG MARINE CONTRACTORS LTD

The trial judge found that, on the balance of probabilities, the Plaintiff failed to prove the water leakage originated from Flat 10A because the expert evidence and negative pressure test results excluded the likely internal sources in Flat 10A and the external wall or other unknown sources remained plausible; accordingly there is no reasonable prospect of success on appeal and leave to appeal is refused.

Citation
VAST TEAM (HONG KONG) LTD v. HONG KONG MARINE CONTRACTORS LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 September 2011
Case Number
DCCJ5903/2008
Procedural Posture
Civil Building Defect (water Leakage) / Application for Leave to Appeal Against Judgment
Outcome
Application for leave to appeal refused
Legal Topics
Water Leakage, Causation, Expert Evidence, Burden of Proof, Leave to Appeal, Costs
Source Language
EN
Civil Law Property Law Construction Law Evidence Law Water Leakage Causation Expert Evidence Burden of Proof +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Building Defect (water Leakage) / Application for Leave to Appeal Against Judgment

Legal Issues

  1. 1 Whether the source of water leakage originated from Flat 10A
  2. 2 Whether water supply pipes of Flat 10A were the cause
  3. 3 Whether external wall or other parts of the building were likely sources

Ratio Decidendi

The trial judge found that, on the balance of probabilities, the Plaintiff failed to prove the water leakage originated from Flat 10A because the expert evidence and negative pressure test results excluded the likely internal sources in Flat 10A and the external wall or other unknown sources remained plausible; accordingly there is no reasonable prospect of success on appeal and leave to appeal is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • Costs of the application to the Defendant with certificate for counsel; costs order nisi to be made absolute 14 days after the handing down of this Decision