Hong Kong Case Law: Decisions & Judgments

Topic

Flooding

Legal area

Court

8 May 2018

RAINBOW MORE LTD v. THE INCORPORATED OWNERS OF THE ARCADIA

Citation

[2018] HKLdT 30
Court

Lands Tribunal
Case number

LDBM141/2015

The Tribunal held that the IO breached its non-delegable duties under s.18 BMO and the DMC by knowing of widespread defective re-tiling and water seepage and failing to take proper and timely steps to repair; the IO could not hide behind independent contractor rule where it adopted or ratified the contractor's deficient work and failed to act expeditiously; accordingly the IO was ordered to carry out rectification and was liable for specified damages (internal repair, accommodation, raised front yard, termite treatment and general damages).
1 Jun 2010

K & B HOUSEHOLD CO LTD v. THE INCORPORATED OWNERS OF NOS. 151 - 153 SAI YEE STREET AND ANOTHER

Citation

K & B HOUSEHOLD CO LTD v. THE INCORPORATED OWNERS OF NOS. 151 - 153 SAI YEE STREET AND ANOTHER
Court

District Court
Case number

DCCJ348/2008

On the balance of probabilities the defendant failed to implement a system of proper maintenance and replacement of communal sewage/waste pipes; debris accumulation in Manholes B and C was the proximate cause of the flooding on 11 March 2007; the defendant is liable in negligence/nuisance/DMC/BMO breach and plaintiff entitled to damages of HK$486,536.33 plus interest and costs.
10 Apr 1996

BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER

Citation

BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER
Court

Court of Appeal
Case number

CACV229/1995

The defendants were liable in nuisance and negligence because the flooding and consequent damage were reasonably foreseeable given local weather patterns and the fact the sliding door was left 12 inches ajar; the Act of God defence failed; however the plaintiff failed to prove quantum at trial so the trial judge's order for assessment by a Master was set aside and nominal damages of $10 awarded; costs order nisi made.
9 Oct 1995

BORN CHIEF CO. LTD. t/a BEIJING RESTAURANT v. GEORGE TSAI and Another

Citation

BORN CHIEF CO. LTD. t/a BEIJING RESTAURANT v. GEORGE TSAI and Another
Court

Court of First Instance
Case number

HCA781/1992

On the facts the defendants owed a duty of care and breached it by permitting rainwater to accumulate and flow through a known hole and an opening at floor level; the resulting seepage into the plaintiff's premises was a foreseeable and direct cause of the loss, therefore liability for the damage is established and damages are to be assessed by a Master.

Hong Kong Case Law

RAINBOW MORE LTD v. THE INCORPORATED OWNERS OF THE ARCADIA

K & B HOUSEHOLD CO LTD v. THE INCORPORATED OWNERS OF NOS. 151 - 153 SAI YEE STREET AND ANOTHER

BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER

BORN CHIEF CO. LTD. t/a BEIJING RESTAURANT v. GEORGE TSAI and Another