Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs and insurance impact
  • 16 Jul 2010

    LAM KAN MAU v. WIN CAPITAL (HK) LTD AND OTHERS

    Citation
    LAM KAN MAU v. WIN CAPITAL (HK) LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI1179/2002

    Court found the major cause of collapse was severe corrosion and failure to maintain the unauthorised cantilevered canopy (principal responsibility of the Incorporated Owners). Contributory causes included long‑term storage in the unauthorised Hut, recent placement of demolition debris and demolition vibrations attributable to shop owners/occupiers and their contractor, and scaffold diagonal bracing contacting the canopy. Balancing blameworthiness and causative potency, the court apportioned liability 35% to the 1st defendant (Win Capital) and 65% to the 4th defendant (Incorporated Owners) an…