CHEUNG YAN TAI v. 卿旺大廈業主立案法團

CHEUNG YAN TAI v. 卿旺大廈業主立案法團

On the balance of probabilities the tribunal found that persistent water leakage at the three locations existed since October 2021 and that defective external walls or failed waterproofing systems of Flat 16A were at least one cause of the leakage; the IO failed to discharge its duty under s.18(1)(a) BMO by not obtaining timely professional advice or carrying out remedial works, therefore a mandatory injunction and damages were appropriate remedies.

Citation
[2024] HKLdT 44
Parties
Applicant (registered Owner of Flat A, 16/f): Mr Cheung; Respondent (incorporated Owners): The Incorporated Owners of Hing Wong Building
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 May 2024
Case Number
LDBM16/2023
Procedural Posture
Lands Tribunal Building Management / Water Leakage Dispute / Judgment After Trial
Outcome
Judgment for Applicant (Mr Cheung) against the Incorporated Owners
Legal Topics
Waterproofing, Common Parts, Duty to Repair Under BMO, Mandatory Injunction, Damages, Expert Evidence Credibility
Source Language
EN
Building Management Property Law Tort/negligence Civil Procedure Insurance Law Waterproofing Common Parts Duty to Repair Under BMO +3 more

Case Brief

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Parties

Mr Cheung

Applicant (registered Owner of Flat A, 16/f)

The Incorporated Owners of Hing Wong Building

Respondent (incorporated Owners)

Procedural Posture

Lands Tribunal Building Management / Water Leakage Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether there has been and continues to be water leakage at three specified interior locations of Flat 16A (Issue 1)
  2. 2 What is the cause or source of the water leakage (Issue 2)
  3. 3 Whether the Incorporated Owners breached duties under s.18(1)(a) of the Building Management Ordinance (Issue 3)

Ratio Decidendi

On the balance of probabilities the tribunal found that persistent water leakage at the three locations existed since October 2021 and that defective external walls or failed waterproofing systems of Flat 16A were at least one cause of the leakage; the IO failed to discharge its duty under s.18(1)(a) BMO by not obtaining timely professional advice or carrying out remedial works, therefore a mandatory injunction and damages were appropriate remedies.

Court Disposition

Judgment for Applicant (Mr Cheung) against the Incorporated Owners

Orders

  • IO to carry out at its own cost within 3 months from date of judgment all necessary repairs to the external walls of Flat 16A to stop all water leakage into the two bedrooms of Flat 16A
  • Liberty to apply for further directions