CHAN YIP CHEUNG AND ANOTHER v. FONG CHOW WO AND ANOTHER

CHAN YIP CHEUNG AND ANOTHER v. FONG CHOW WO AND ANOTHER

The judge accepted the plaintiffs' expert appraisal and rental evidence, found the defendants failed to rebut the quantum, and therefore awarded remedial costs (HK$75,820), loss of enjoyment measured at market rental from Jan 2005 to July 2006 (HK$185,250), and survey/assessment costs (HK$15,500); interest at the judgment rate and a costs order nisi were also directed.

Citation
CHAN YIP CHEUNG AND ANOTHER v. FONG CHOW WO AND ANOTHER
Parties
1st Plaintiff: CHAN YIP CHEUNG; 2nd Plaintiff: WONG MAN YEE HYDE; 1st Defendant: FONG CHOW WO; 2nd Defendant: WONG CHAU LING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 July 2006
Case Number
DCCJ3574/2005
Procedural Posture
Civil Property/tort Dispute (assessment of Damages) / Assessment of Damages
Outcome
Judgment for plaintiffs; damages assessed in favour of plaintiffs; interest and costs ordered as described below.
Legal Topics
Water Leakage, Breach of Deed/sub Deed of Mutual Covenant, Remedial Costs, Loss of Enjoyment (loss of Rental), Assessment of Damages, Interest, Costs
Source Language
EN
Property Tort Building Regulation Water Leakage Breach of Deed/sub Deed of Mutual Covenant Remedial Costs Loss of Enjoyment (loss of Rental) Assessment of Damages +2 more

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Parties

CHAN YIP CHEUNG

1st Plaintiff

WONG MAN YEE HYDE

2nd Plaintiff

FONG CHOW WO

1st Defendant

WONG CHAU LING

2nd Defendant

Procedural Posture

Civil Property/tort Dispute (assessment of Damages) / Assessment of Damages

Legal Issues

  1. 1 Whether the defendants caused water leakage and are liable for damages
  2. 2 Quantum of remedial costs for repairing the plaintiffs' premises
  3. 3 Proper measure of loss of use/loss of enjoyment and period of loss

Ratio Decidendi

The judge accepted the plaintiffs' expert appraisal and rental evidence, found the defendants failed to rebut the quantum, and therefore awarded remedial costs (HK$75,820), loss of enjoyment measured at market rental from Jan 2005 to July 2006 (HK$185,250), and survey/assessment costs (HK$15,500); interest at the judgment rate and a costs order nisi were also directed.

Court Disposition

Judgment for plaintiffs; damages assessed in favour of plaintiffs; interest and costs ordered as described below.

Orders

  • Damages awarded to the plaintiffs in the sum of HK$276,570.00
  • Remedial work costs assessed and awarded: HK$75,820.00