19 Jan 2018
李來英 對 馮秋杭
- Citation
- [2018] HKDC 63
- Court
- District Court
- Case number
- DCCJ3010/2015
On the balance of probabilities the court accepted the plaintiff's expert evidence over the defendant's: testing and reports established that leakage into 8N arose from failure of 9N's toilet waterproofing and associated pipes, the defendant knew or ought to have known and failed to take reasonable remedial action; accordingly the defendant was liable in negligence and nuisance and breached covenantual obligations. An injunction was refused because the defendant had sold the unit and could not effectively comply. Damages were assessed at HK$327,316.20 with interest and costs as ordered.