19 Sept 2024
WELL RISE (HONG KONG) LTD v. THE INCORPORATED OWNERS OF WESTLANDS CENTRE
- Citation
- [2024] HKDC 1469
- Court
- District Court
- Case number
- DCCJ253/2019
The court found the waterproofing layers in the flat roofs to be common parts and that the IO knew of leakage originating from Unit 303/304 from 2014 onward but failed to take reasonable remedial steps. Causation between that breach and specified repair costs, future repair needs, expert fees and quantified rental losses for specified periods was established on the balance of probabilities. Rental loss was quantified by applying expert percentage reductions to market rents; certain earlier claimed losses were rejected for lack of causal evidence. On these bases the IO was ordered to pay speci…
- Common parts under bmo
- Duty of incorporated owners under bmo and dmc
- Waterproofing defects and responsibility for repairs
- Causation and quantification of loss
- Remedies - damages and costs