CHEUNG CHI YING AND ANOTHE v. KWOK WANG TANG AND ANOTHER

CHEUNG CHI YING AND ANOTHE v. KWOK WANG TANG AND ANOTHER

Defendants were liable in nuisance and negligence only for the 3rd and 4th incidents because they installed an inadequate temporary pipe and failed to re-attach or take timely remedial measures, thereby unreasonably causing sewage to shower the Service Lane and interfering with plaintiffs' enjoyment; plaintiffs failed to prove on balance that defendants caused the 1st, 2nd and 5th–8th incidents; consequentially no injunctions were granted but plaintiffs awarded HK$60,000 for inconvenience with interest and a costs order nisi allocating one-quarter of costs to be paid by plaintiffs to defendants.

Citation
[2020] HKDC 520
Parties
1st Plaintiff: CHEUNG CHI YING; 2nd Plaintiff: LEUNG HUNG KWONG; 1st Defendant: KWOK WANG TANG; 2nd Defendant: KWOK SIU FONG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 July 2020
Case Number
DCCJ1583/2013
Procedural Posture
Civil Action (neighbourhood Dispute: Nuisance/negligence/building Management) / Judgment
Outcome
Partial judgment: plaintiffs succeed in respect of 3rd and 4th incidents only; plaintiffs' claims in respect of 1st, 2nd, 5th–8th incidents dismissed; no injunctions ordered.
Legal Topics
Water Leakage, Sewage, Deed of Mutual Covenant, Building Management Ordinance, Injunctions, Damages, Causation
Source Language
EN
Tort Nuisance Negligence Property Law Building Regulation Contract (deed of Mutual Covenant) Water Leakage Sewage +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

CHEUNG CHI YING

1st Plaintiff

LEUNG HUNG KWONG

2nd Plaintiff

KWOK WANG TANG

1st Defendant

KWOK SIU FONG

2nd Defendant

Procedural Posture

Civil Action (neighbourhood Dispute: Nuisance/negligence/building Management) / Judgment

Legal Issues

  1. 1 What caused the eight waste water incidents
  2. 2 Who is liable for each incident
  3. 3 Whether defendants breached DMC or BMO

Ratio Decidendi

Defendants were liable in nuisance and negligence only for the 3rd and 4th incidents because they installed an inadequate temporary pipe and failed to re-attach or take timely remedial measures, thereby unreasonably causing sewage to shower the Service Lane and interfering with plaintiffs' enjoyment; plaintiffs failed to prove on balance that defendants caused the 1st, 2nd and 5th–8th incidents; consequentially no injunctions were granted but plaintiffs awarded HK$60,000 for inconvenience with interest and a costs order nisi allocating one-quarter of costs to be paid by plaintiffs to defendants.

Court Disposition

Partial judgment: plaintiffs succeed in respect of 3rd and 4th incidents only; plaintiffs' claims in respect of 1st, 2nd, 5th–8th incidents dismissed; no injunctions ordered.

Orders

  • Damages awarded to plaintiffs for inconvenience and discomfort: HK$60,000
  • Interest on general damages at judgment rate from date of writ until full payment