LAI TUN YU AND ANOTHER v. NG HUNG MING as the EXECUTOR OF THE ESTATE OF LAU YING HING, DECEASED AND ANOTHER

LAI TUN YU AND ANOTHER v. NG HUNG MING as the EXECUTOR OF THE ESTATE OF LAU YING HING, DECEASED AND ANOTHER

On the balance of probabilities the court accepted that dyed ponding and moisture measurements demonstrated leakage from the 3/F Unit floor slab (bathroom/kitchen) to the 2/F Unit as of 19 September 2023, but the 2nd Defendant did not have actual or constructive knowledge after she became registered owner and acted...

Source-derived case information.

Citation
[2025] HKDC 2132
Parties
1st Plaintiff: LAI TUN YU; 2nd Plaintiff: LAI KA LUN; 1st Defendant: NG HUNG MING as the EXECUTOR OF THE ESTATE OF LAU YING HING, DECEASED; 2nd Defendant: CHAN SIM KUEN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 December 2025
Case Number
DCCJ270/2022
Procedural Posture
Civil Tort (negligence and Nuisance) – Water Leakage Dispute / Trial Judgment (district Court)
Outcome
Plaintiffs' claim against the 2nd Defendant dismissed
Legal Topics
Water Leakage, Nuisance, Negligence, Damages, Injunction, Expert Evidence, Onus of Proof, Constructive Knowledge
Source Language
en
Tort Property Law Civil Procedure Evidence (expert Testimony) Water Leakage Nuisance Negligence Damages +4 more

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Parties

LAI TUN YU

1st Plaintiff

LAI KA LUN

2nd Plaintiff

NG HUNG MING as the EXECUTOR OF THE ESTATE OF LAU YING HING, DECEASED

1st Defendant

CHAN SIM KUEN

2nd Defendant

Procedural Posture

Civil Tort (negligence and Nuisance) – Water Leakage Dispute / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether there was water leakage in the 2/F Unit and which areas were affected
  2. 2 Whether the source of leakage was the 3/F Unit (fresh water pipes or defective waterproof membrane) or the building external wall or unknown
  3. 3 Whether the 2nd Defendant was liable for continued leakage after purchase (actual or constructive knowledge)

Ratio Decidendi

On the balance of probabilities the court accepted that dyed ponding and moisture measurements demonstrated leakage from the 3/F Unit floor slab (bathroom/kitchen) to the 2/F Unit as of 19 September 2023, but the 2nd Defendant did not have actual or constructive knowledge after she became registered owner and acted reasonably in relying on JO investigations and cooperating with inspections; therefore she was not liable for continued leakage post‑purchase and the Plaintiffs' claim against her was dismissed.

Court Disposition

Plaintiffs' claim against the 2nd Defendant dismissed

Orders

  • Order nisi that the 2nd Defendant shall have the costs of these proceedings to be paid by the Plaintiffs, with certificate for counsel, to be taxed if not agreed
  • Order nisi to become absolute unless an application to vary is made within 14 days from the date of the decision