1 Mar 2023
CHAN HIU YI 對 THE INCORPORATED OWNERS OF YUET MING BUILDING YUET WAH STREET
- Citation
- [2023] HKLdT 15
- Court
- Lands Tribunal
- Case number
- LDBM151/2021
On the balance of probabilities the external wall had defects which were at least one source of the applicant's internal wall water ingress; the incorporated owners, having been on notice and having had sufficient information and opportunity to investigate and to commission repairs, failed to take appropriate steps and therefore breached their statutory duty under s.18(1)(a) BMO; the applicant proved loss but not the full amount claimed, and a fair award for external and internal repairs and related measures was HKD 83,330.6 plus interest and costs.