Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Costs and small claims procedure
  • 2 Jun 2023

    資訊活有限公司 對 林麗和及另一人

    Citation
    [2023] HKDC 743
    Court
    District Court
    Case number
    DCCJ4746/2016

    The court discounted the joint expert conclusions on causation because the experts failed to analyse the plausible alternative explanation of waterproofing deterioration due to ageing; there was insufficient admissible evidence to establish that defendant's actions caused the leakage or that defendant bore the repair liability. Although the court found the defendant had effectively acquiesced to the 2015 works, the plaintiffs nevertheless failed to prove causation and entitlement to the claimed sums. Accordingly the plaintiffs' claim and the defendant's counterclaim both fail.