WONG TO YICK WOOD LOCK OINTMENT LTD 對 THE INCORPORATED OWNERS OF NOS 1004 - 1012 CANTON ROAD

WONG TO YICK WOOD LOCK OINTMENT LTD 對 THE INCORPORATED OWNERS OF NOS 1004 - 1012 CANTON ROAD

The IO breached its statutory and contractual duties by failing to take reasonable and timely measures (education, regular cleaning, inspections, following expert advice and commissioning proper repairs) after being alerted to drain problems; that omission caused recurring sewage backflow and nuisance, justifying a...

Source-derived case information.

Citation
[2021] HKLdT 43
Parties
Applicant: WONG TO YICK WOOD LOCK OINTMENT LIMITED; Respondent: THE INCORPORATED OWNERS OF NOS. 1004 – 1012 CANTON ROAD
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 June 2021
Case Number
LDBM280/2017
Procedural Posture
Building Management Application Under Buildings Management Ordinance / Hearing and Judgment (decision Delivered)
Outcome
Mandatory injunction granted in part; partial damages awarded for proven rental loss; claim for tenant's third‑party refurbishment loss dismissed; costs provisionally awarded to applicant.
Legal Topics
Duty of Incorporated Owners Under BMO S18, Breach and Causation for Common Parts Maintenance, Remedies: Mandatory Injunction and Damages, Mitigation of Loss and Third‑party Claims
Source Language
ch
Building Management Property Law Tort (negligence and Nuisance) Duty of Incorporated Owners Under BMO S18 Breach and Causation for Common Parts Maintenance Remedies: Mandatory Injunction and Damages Mitigation of Loss and Third‑party Claims

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Parties

WONG TO YICK WOOD LOCK OINTMENT LIMITED

Applicant

THE INCORPORATED OWNERS OF NOS. 1004 – 1012 CANTON ROAD

Respondent

Procedural Posture

Building Management Application Under Buildings Management Ordinance / Hearing and Judgment (decision Delivered)

  1. 1 Whether the incorporated owners (IO) were legally liable for repeated sewage backflow into the applicant's premises
  2. 2 Whether the IO breached their statutory and contractual duties to maintain common drains and related common parts
  3. 3 Causation: whether IO's omission caused or materially contributed to recurring backflow

Ratio Decidendi

The IO breached its statutory and contractual duties by failing to take reasonable and timely measures (education, regular cleaning, inspections, following expert advice and commissioning proper repairs) after being alerted to drain problems; that omission caused recurring sewage backflow and nuisance, justifying a mandatory injunction to compel investigation/repair and an award of proven rental loss (HKD 424,350) with interest and costs.

Court Disposition

Mandatory injunction granted in part; partial damages awarded for proven rental loss; claim for tenant's third‑party refurbishment loss dismissed; costs provisionally awarded to applicant.

Orders

  • Mandatory injunction: within four months from judgment the respondent must carry out all reasonable and necessary investigations and repairs to the building's drainage system to the satisfaction of a jointly appointed expert; if respondent fails to comply applicant may arrange and the respondent must pay the costs
  • Respondent to pay applicant HKD 424,350 for proven rental loss