5 Dec 2019
WONG KIT MING AND OTHERS v. THE INCORPORATED OWNERS OF WAH HOI MANSION
- Citation
- [2019] HKDC 1652
- Court
- District Court
- Case number
- DCCJ213/2017
The court found on the evidence and uncontested expert opinion of the plaintiffs' expert that the water seepage resulted from long‑term deterioration of common waste Pipe B which the Incorporated Owners failed to maintain in breach of the DMC and s18 BMO; the defendant's expert evidence was excluded as inadmissible due to lack of independence, advocacy and undisclosed dual roles; defendant's allegations of plaintiffs' unauthorised acts causing the seepage were rejected; plaintiffs awarded judgment limited by their agreement to HK$3,000,000 plus interest, mandatory remedial order and costs nis…