POON YUK YING SUSANNA 對 THE INCORPORATED OWNERS OF KIN YICK MANSION

POON YUK YING SUSANNA 對 THE INCORPORATED OWNERS OF KIN YICK MANSION

Applicant proved the unit experienced leakage during 2014–2022 and that the external wall was one of multiple sources; the IO was notified (including government reports) of possible wall defects by mid‑2015 yet failed to investigate or repair in a timely or reasonable manner; that failure constituted a breach of the...

Source-derived case information.

Citation
[2023] HKLdT 59
Parties
Applicant: POON YUK YING SUSANNA; Respondent: THE INCORPORATED OWNERS OF KIN YICK MANSION
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
3 October 2023
Case Number
LDBM295/2019
Procedural Posture
Building Management Application / Decision (final Judgment)
Outcome
Applicant awarded damages against Respondent; injunction refused; costs awarded to Applicant.
Legal Topics
Common Parts Maintenance, Water Ingress/leakage, Statutory Duty of Incorporated Owners, Causation and Quantum of Damages, Injunction
Source Language
ch
Building Management Property Law Tort/negligence Contract (deed of Mutual Covenant) Common Parts Maintenance Water Ingress/leakage Statutory Duty of Incorporated Owners Causation and Quantum of Damages +1 more

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Parties

POON YUK YING SUSANNA

Applicant

THE INCORPORATED OWNERS OF KIN YICK MANSION

Respondent

Procedural Posture

Building Management Application / Decision (final Judgment)

  1. 1 Did the unit suffer water leakage during the relevant period?
  2. 2 Was the source of leakage the building's external wall?
  3. 3 Did the Incorporated Owners (IO) breach their legal duty to maintain the common parts under BMO s.18(1)(a)?

Ratio Decidendi

Applicant proved the unit experienced leakage during 2014–2022 and that the external wall was one of multiple sources; the IO was notified (including government reports) of possible wall defects by mid‑2015 yet failed to investigate or repair in a timely or reasonable manner; that failure constituted a breach of the statutory duty under BMO s.18(1)(a) and caused loss recoverable as damages. The injunction was refused because subsequent repairs removed the external wall as a continuing source.

Court Disposition

Applicant awarded damages against Respondent; injunction refused; costs awarded to Applicant.

Orders

  • Respondent to pay Applicant HK$140,000 with post‑judgment interest at the rate published by the Chief Justice from date of judgment until payment in full.
  • Respondent to pay Applicant's costs of the proceedings; if parties cannot agree, costs to be taxed by the taxing officer under District Court scale.