PUTAI LTD v. YAU LEE HO AND ANOTHER

PUTAI LTD v. YAU LEE HO AND ANOTHER

On the balance of probabilities the backflow was caused by a towel blocking the external drainage pipe; that blockage was an accident and there was no evidence of improper appointment or negligence by the Owners Incorporation, so the third party is not liable; the waste water back-flowed via the water closet in Flat 2B through a non-waterproof floor slab into Flat 1B causing seepage and damage, and the defendants breached the DMC, statutory duties and committed nuisance and negligence; plaintiff entitled to damages of $64,900 plus interest and costs as ordered.

Citation
PUTAI LTD v. YAU LEE HO AND ANOTHER
Parties
Plaintiff: Putai Limited; 1st Defendant: Yau Lee Ho; 2nd Defendant: Siu Hin Man; Third Party: The Incorporated Owners of Winning Heights
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 December 2017
Case Number
DCCJ2666/2013
Procedural Posture
Civil Action Property Damage (seepage/backflow) / Judgment (district Court, 19 December 2017)
Outcome
Judgment for plaintiff against the 1st and 2nd defendants for the seepage damage; third party (Owners Incorporation) not liable for backflow or seepage.
Legal Topics
Water Damage, Seepage and Backflow, Owners Incorporation Duties, Breach of Covenant, Negligence, Nuisance, Quantum, Expert Evidence
Source Language
EN
Property Law Tort Contract (deed of Mutual Covenant) Civil Procedure Water Damage Seepage and Backflow Owners Incorporation Duties Breach of Covenant +4 more

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Parties

Putai Limited

Plaintiff

Yau Lee Ho

1st Defendant

Siu Hin Man

2nd Defendant

The Incorporated Owners of Winning Heights

Third Party

Procedural Posture

Civil Action Property Damage (seepage/backflow) / Judgment (district Court, 19 December 2017)

Legal Issues

  1. 1 Cause of backflow (origin and mechanism)
  2. 2 Liability of Owners Incorporation (third party) for blockage and backflow
  3. 3 Liability of flat owners (defendants) for seepage damage to flat below

Ratio Decidendi

On the balance of probabilities the backflow was caused by a towel blocking the external drainage pipe; that blockage was an accident and there was no evidence of improper appointment or negligence by the Owners Incorporation, so the third party is not liable; the waste water back-flowed via the water closet in Flat 2B through a non-waterproof floor slab into Flat 1B causing seepage and damage, and the defendants breached the DMC, statutory duties and committed nuisance and negligence; plaintiff entitled to damages of $64,900 plus interest and costs as ordered.

Court Disposition

Judgment for plaintiff against the 1st and 2nd defendants for the seepage damage; third party (Owners Incorporation) not liable for backflow or seepage.

Orders

  • Damages awarded to plaintiff in the sum of HKD 64,900 with interest at judgment rate from date of writ until payment
  • Defendants to pay plaintiff's costs (including reserved costs) and third party's costs as ordered; costs order nisi to become absolute within 14 days if not disputed and to be taxed if not agreed