Hong Kong Case Law: Decisions & Judgments

Topic

Alternative accommodation damages

Legal area

Court

29 Jul 2024

NG CHOI SAU YUM aka CHOI SAU YUM v. KWONG MAN POR AND OTHERS

Citation

[2024] HKDC 1213
Court

District Court
Case number

DCCJ4200/2020

The 3rd defendant (Incorporated Owners) is not liable for the plaintiff's claims. The court found water ingress into 3A bathroom and kitchen was caused by screws and a rusted L-shaped steel angle previously installed by the plaintiff, breaking the external wall integrity and falling within the DMC Clause 6 proviso (plaintiff liable for repairs). Water leakage affecting 3B bathroom and living room was attributable to defective drainage/raised floor and subdivided works in 4B (owner above), not the external wall or the 3rd defendant. The plaintiff therefore failed to establish liability of the…
19 Sept 2019

CHAN FUNG TING by her next friend LEUNG KIN FUNG RINGO v. LAM CHUN KEI

Citation

[2019] HKCFI 2336
Court

Court of First Instance
Case number

HCPI1147/2018

The appeal was allowed in part: the Master erred in concluding the plaintiff's disabilities did not warrant occupational therapy evidence and in suggesting relatives/common sense could replace expert assessment; leave was granted for a single joint occupational therapist/rehabilitation consultant report confined to accommodation needs, size and modifications, equipment and transport needs, and need for occupational/physiotherapy. Leave to adduce ophthalmological expert evidence was refused as premature given joint neurosurgical opinion that diplopia was permanent and the treating team's role…
19 Oct 2012

WONG HON WAI v. THE SECRETARY FOR JUSTICE

Citation

WONG HON WAI v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCPI664/2009

Leave to adduce the requested additional expert evidence was refused because the rehabilitation reports already identify necessary adaptations and likely treatment; recommendations for vocational assessment or specialist consultation are recommendations for future treatment/services whose costs should be claimed as future expenses rather than justified by separate expert testimony at trial; accommodation rental comparables and adaptation costs are obtainable from market sources and contractors so surveyor/architect evidence is not necessary except in truly exceptional cases.

Hong Kong Case Law

NG CHOI SAU YUM aka CHOI SAU YUM v. KWONG MAN POR AND OTHERS

CHAN FUNG TING by her next friend LEUNG KIN FUNG RINGO v. LAM CHUN KEI

WONG HON WAI v. THE SECRETARY FOR JUSTICE