Hong Kong Case Law: Decisions & Judgments

Topic

Duty to repair

Legal area

Court

20 Mar 2026

TAM CHUN PONG v. LEUNG SIU CHING AND ANOTHER

Citation

[2026] HKDC 488
Court

District Court
Case number

DCCJ6548/2025

Defendants were duly served and defaulted; evidence including expert report established that leakage originated from defendants' premises and constituted a nuisance/breach of statutory and contractual duties; therefore interlocutory judgment on liability was entered for the plaintiff, damages to be assessed, and a mandatory injunction ordering defendants to effect necessary remedial works within a court-fixed timeframe was appropriate, with costs awarded to the plaintiff.
6 Dec 2024

TOLLEMACHE COMPANY LTD AND OTHERS v. RAYMOND LUN KWOK PAO also known as PAO LUN KWOK RAYMOND

Citation

[2024] HKDC 2026
Court

District Court
Case number

DCCJ1322/2022

On the evidence the principal cause of the severe leakage was leaves blown onto and blocking roof drain holes during the exceptional Typhoon Vicente; the drain holes/pipework formed part of the common drainage system for which the manager had responsibility under the DMC; defendant did not have an affirmative duty to maintain the common drainage and, in any event, acted reasonably and promptly via domestic helpers once notified; evidence did not establish windows or external wall as substantial causes and plaintiffs failed to prove breach of duty, nuisance or negligence; claim dismissed.
5 Feb 2024

KO PHILIP ZHI YAO v. THE INCORPORATED OWNERS OF HAMBURG VILLA

Citation

[2024] HKDC 178
Court

District Court
Case number

DCCJ5363/2020

The court found water seepage existed in the plaintiff's bedroom; after excluding the guest bathroom and B5 stairwell as probable sources on the evidence, the court held the source was leakage from the external walls of the Lightwell; the IO had notice and failed to take reasonable steps to remedy and to engage with the plaintiff, thereby breaching duties under the BMO and the DMC; damages were assessed at HK$173,648 and judgment entered for the plaintiff with interest and a costs order nisi for half costs against the IO.
22 Feb 2023

CHAN PAT HUNG EVA suing by her attorney, PUN SAU YUK v. WONG HAU KI

Citation

[2023] HKDC 230
Court

District Court
Case number

DCCJ4401/2016

Joint expert Chung established that leakages in Rooms B and C and part of D were caused by defendant's bathroom facilities and ceased after defendant's repairs; defendant had actual notice from mid-2015 and failed to take reasonable and timely remedial steps; therefore defendant liable in nuisance and negligence for the leakages in Rooms B (June 2015–Nov 2018), C (June 2015–Aug 2016) and D (June 2015–Aug 2016) and plaintiff entitled to damages and costs; defendant not liable for Room A where leakage was unrelated to defendant's flat.
17 Nov 2017

YEUNG CHIU WING AND ANOTHER v. HO CHI MING

Citation

YEUNG CHIU WING AND ANOTHER v. HO CHI MING
Court

District Court
Case number

DCCJ3244/2015

The court preferred the plaintiffs' expert evidence and the 2015 Joint Office positive dye results, found the source of seepage to be defective waterproofing of the defendant's balcony and related dirty-water drains, found the defendant had knowledge and failed to take reasonable remedial steps, and held the defendant liable in negligence, for permitting a nuisance and for breach of DMC clause 3(a); awarded damages, interest, a mandatory injunction and costs.
31 Oct 2017

SIU KWOK KEUNG RAYMOND v. YEE SHIA YUEN

Citation

SIU KWOK KEUNG RAYMOND v. YEE SHIA YUEN
Court

District Court
Case number

DCCJ2131/2012

Although the defective interchange joint was physically within the defendant's premises and CKY's evidence that replacement stopped the seepage was preferred, the plaintiff failed to prove the defendant had actual or constructive knowledge that the source of the seepage was her premises during the relevant period; delay by defendant existed between mid-August and 6 December 2011 but that did not establish knowledge of source; absent requisite knowledge, defendant did not adopt or continue the nuisance and owed no duty to investigate or stop the leak prior to gaining such knowledge, therefore…
7 Jan 2014

WONG TUNG PO v. LAM LEI YUNG

Citation

WONG TUNG PO v. LAM LEI YUNG
Court

District Court
Case number

DCPI676/2013

Default judgment was set aside because the defendant demonstrated a real prospect of successfully defending liability: the tenancy agreement does not impose an express or implied obligation on the landlord to repair the ceiling, the pleaded medical evidence was initially inadequate on the occurrence of the incident, the defendant acted promptly once she became aware of proceedings, and there was no evidence of prejudice to the plaintiff that would outweigh allowing a trial to resolve disputes of fact and credibility.
11 Oct 2006

LEUNG TSANG HUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KWOK WING HOUSE

Citation

LEUNG TSANG HUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KWOK WING HOUSE
Court

Court of Appeal
Case number

CACV195/2004

The appeal is dismissed because the incorporated owners did not have the requisite degree of occupational control over the unauthorised extended canopy to make them an occupier liable in negligence or public nuisance; statutory duties to enforce the DMC and rights to require removal do not equate to control in the Wheat v Lacon sense and do not impose a duty to inspect or maintain the illegal structure vis-a-vis the public.
12 May 2004

LEUNG TSANG HUNG AND ANOTHER v. TSE YIU PUI AND OTHERS

Citation

LEUNG TSANG HUNG AND ANOTHER v. TSE YIU PUI AND OTHERS
Court

Court of First Instance
Case number

HCPI595/2002

The 2nd Defendant, as occupier who used and benefited from the unauthorised extended canopy adjoining a busy public highway, owed and breached an absolute duty in nuisance and a duty of care in negligence to maintain the canopy; res ipsa loquitur applies and causation is established by want of repair. The 3rd Defendant (incorporated owners) had no sufficient control over the illegal extended canopy to impose a duty to inspect or repair and is not liable. Contractual allocation of repair between landlord and tenant does not negate the occupier's tortious duty to third parties.
23 May 1996

Grace International Ltd. v. The Incorporated Owners of Fontana Gardens and Other

Citation

Grace International Ltd. v. The Incorporated Owners of Fontana Gardens and Other
Court

Court of First Instance
Case number

HCA13338/1995

House Rule (j) of the DMC for Block A could not lawfully authorise the managing agents or owners to disconnect a flat's water supply because disconnection/reconnection of inside services constitutes an 'alteration' requiring the Water Authority's written permission under Cap.102; additionally the 15 December 1995 resolution purporting to amend House Rules for Blocks B and D was invalid due to irregular constitution of the management committee under Cap.344 and defective notice; accordingly the injunction restraining defendants from disconnecting water was granted; the Plaintiff was nonetheles…