Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Dmc breach

  • 19 Nov 2024

    WU HUCHENG v. TIAN JIONG AND ANOTHER

    Citation
    [2024] HKDC 1902
    Court
    District Court
    Case number
    DCCJ4296/2021

    On the balance of probabilities the Court found the source of the leakage was the Defendants' flat (water seepage from water facilities associated with the Defendants' master/guest bathroom, notably bathtub area), the Defendants had actual or constructive knowledge and failed to take reasonable steps to investigate and repair promptly, and are therefore liable for breach of relevant DMC clauses, section 34H BMO, negligence and nuisance; Plaintiff awarded specified special and general damages and interest.

  • 29 Nov 2023

    DOUBLE PROOF LTD v. HO KWOK WING

    Citation
    [2023] HKDC 1742
    Court
    District Court
    Case number
    DCCJ5753/2019

    The court refused relief from the unless order and dismissed the application to adduce new evidence because the defendant failed to show reasonable diligence in obtaining the material, the new material lacked sufficient relevance and credibility and would undermine fair procedure; accordingly the costs variation, leave to appeal and stay applications failed for lack of reasonable prospects and absence of good reasons, and indemnity costs were awarded for the unmeritorious summonses.