HUI LING CHUN v. SHIU MAK YING AND ANOTHER

HUI LING CHUN v. SHIU MAK YING AND ANOTHER

Plaintiff failed to prove on the balance of probabilities that the water leakage originated from the 5/F Unit. The court found Wong's methodology and reliance on the moisture meter, interpretation of dye tests and refractometer chloride readings unreliable, accepted Lee's methodology and negative results of the 2nd colour water test and water pressure test, and held that external wall seepage remained a live alternative cause; accordingly defendant not liable and claim dismissed.

Citation
HUI LING CHUN v. SHIU MAK YING AND ANOTHER
Parties
Plaintiff/owner of 4/f Unit: Poon Chi Hung; Defendant/owner of 5/f Unit: Choi Chun Hoi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 March 2004
Case Number
DCCJ10294/2001
Procedural Posture
Property Tort (nuisance, Negligence) and Alleged Breach of Deed of Mutual Covenant / Trial Judgment (district Court)
Outcome
Plaintiff's claim dismissed
Legal Topics
Water Leakage, Nuisance, Negligence, Deed of Mutual Covenant, Expert Evidence, Causation, Injunction, Damages
Source Language
EN
Property Tort Civil Procedure Evidence Water Leakage Nuisance Negligence Deed of Mutual Covenant +4 more

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Parties

Poon Chi Hung

Plaintiff/owner of 4/f Unit

Choi Chun Hoi

Defendant/owner of 5/f Unit

Procedural Posture

Property Tort (nuisance, Negligence) and Alleged Breach of Deed of Mutual Covenant / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether the water leakage to 4/F Unit originated from 5/F Unit
  2. 2 Whether the defendant was liable in nuisance, negligence or breach of deed of mutual covenant
  3. 3 Which expert evidence was reliable and weight to be given (Wong v Lee)

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that the water leakage originated from the 5/F Unit. The court found Wong's methodology and reliance on the moisture meter, interpretation of dye tests and refractometer chloride readings unreliable, accepted Lee's methodology and negative results of the 2nd colour water test and water pressure test, and held that external wall seepage remained a live alternative cause; accordingly defendant not liable and claim dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim dismissed
  • Costs awarded to Defendant to be taxed if not agreed