9 Dec 2021
LEUNG TAK KWAN t/a WALLPAPER WAREHOUSE (HK) CO. v. GAO MENG FA LTD
- Citation
- [2021] HKDC 1540
- Court
- District Court
- Case number
- DCCJ2532/2019
Court found on the balance of probabilities that the 2015 flooding originated from a failure of the sea water cistern/pipework in the male lavatory of Unit 14M caused by the defendant's failure to maintain the lavatory in good repair in breach of clause 16(h) of the DMC (and statutory maintenance obligations), accepted expert and contemporaneous management office evidence, rejected defendant's backflow and illegal‑connection theories, and drew an adverse inference from undisclosed 'unmentioned repairs', thereby establishing causation and defendant liability for plaintiff's proven losses.