24 Sept 2010
TONG CHI YING AND ANOTHER v. SHUM PING KUEN BENSON AND ANOTHER
- Citation
- TONG CHI YING AND ANOTHER v. SHUM PING KUEN BENSON AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3566/2004
Court found on balance that water seepage occurred and that evidence, including the in-situ water test by the plaintiffs' expert and MO inspection showing water droplets in the bath tub chamber, supported that the source was defects in piping or sealant within Flat 14D; that finding established breach of the DMC and negligence by Defendants. However, Plaintiffs failed to prove common law nuisance or any recoverable non-pecuniary loss because nuisance requires notice/knowledge and unreasonable failure to remedy; Defendants carried out repairs in June 2003 and there was insufficient proof of da…