TSE KWOK YEE ERICA AND ANOTHER v. SIN LAI SING AND ANOTHER

TSE KWOK YEE ERICA AND ANOTHER v. SIN LAI SING AND ANOTHER

With defendants having admitted liability by consent, the court assessed quantum: it found plaintiffs acted reasonably in waiting for official confirmation and in timing repairs, disallowed a short self-induced early loss (3 Feb–20 Mar 2019) caused by plaintiffs' waiver of contractual notice, accepted repair and...

Source-derived case information.

Citation
[2022] HKDC 959
Parties
1st Plaintiff: TSE KWOK YEE ERICA; 2nd Plaintiff: WONG YING KIT SAMSON; 1st Defendant: SIN LAI SING; 2nd Defendant: HO CHUNG LING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 September 2022
Case Number
DCCJ6934/2019
Procedural Posture
Civil Action (tort and Contractual Claims) Concerning Property Water Seepage; Negligence, Nuisance, Breach of DMC and Statutory Duty Under BMO / Trial on Quantum After Interlocutory Consent Judgment on Liability (liability Entered by Consent 17 Aug 2022)
Outcome
Judgment for plaintiffs on liability (entered by consent) and for plaintiffs on quantum; damages awarded in favour of plaintiffs
Legal Topics
Water Seepage, Nuisance Notice, Damages Assessment, Mitigation of Loss, Deed of Mutual Covenant (dmc), Building Management Ordinance S34 H
Source Language
en
Tort Contract Property Law Statutory Building Regulation Administrative Enforcement Water Seepage Nuisance Notice Damages Assessment +3 more

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Parties

TSE KWOK YEE ERICA

1st Plaintiff

WONG YING KIT SAMSON

2nd Plaintiff

SIN LAI SING

1st Defendant

HO CHUNG LING

2nd Defendant

Procedural Posture

Civil Action (tort and Contractual Claims) Concerning Property Water Seepage; Negligence, Nuisance, Breach of DMC and Statutory Duty Under BMO / Trial on Quantum After Interlocutory Consent Judgment on Liability (liability Entered by Consent 17 Aug 2022)

Legal Issues

  1. 1 Whether Flat 4C was rendered uninhabitable by seepage
  2. 2 Liability for water seepage under negligence, DMC and BMO
  3. 3 Extent of recoverable loss (rental loss, repair costs, agency fee)

Ratio Decidendi

With defendants having admitted liability by consent, the court assessed quantum: it found plaintiffs acted reasonably in waiting for official confirmation and in timing repairs, disallowed a short self-induced early loss (3 Feb–20 Mar 2019) caused by plaintiffs' waiver of contractual notice, accepted repair and agent costs as caused by seepage, and awarded damages totalling HK$348,242 plus interest and costs.

Court Disposition

Judgment for plaintiffs on liability (entered by consent) and for plaintiffs on quantum; damages awarded in favour of plaintiffs

Orders

  • Damages awarded to plaintiffs in the sum of HK$348,242
  • Interest at half the judgment rate from date of issuance of writ to judgment date, then at full judgment rate until full payment