Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Duty to repair under deed of mutual covenant
  • 28 Nov 2001

    TAK CHANCE FOOD PRODUCTS INDUSTRIAL CO. LTD v. WIDA DYEING FACTORY LTD & ANOTHER

    Citation
    TAK CHANCE FOOD PRODUCTS INDUSTRIAL CO. LTD v. WIDA DYEING FACTORY LTD & ANOTHER
    Court
    Court of First Instance
    Case number
    HCA10723/1999

    The court accepted the plaintiff's factual account and the Hong Kong Polytechnic expert testing showing chloride contamination and physical evidence of liquid dripping from above; it rejected the defence account of extreme heat/humidity as the principal cause; accordingly both defendants were held contractually liable for the damage and the 1st defendant was liable in tort; assessment of damages and remedies was adjourned.

    • Seepage and contamination
    • Duty to repair under deed of mutual covenant
    • Causation and expert evidence
    • Building orders and statutory safety obligations