Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Infrared thermographic survey (rits)
  • 24 Apr 2008

    WONG MAN TAT v. CHAN YUEN MAN AND OTHERS

    Citation
    WONG MAN TAT v. CHAN YUEN MAN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV347/2007

    The Court of Appeal upheld the trial judge's primary finding that leakage from the defendants' #1801 shower stall caused seepage in the claimant's #1802 based on spray tests, photographs and expert surveyor evidence and the absence of any credible alternative cause; the appeal on liability was dismissed. However the judge's order to assess damages was set aside because the plaintiff had failed to adduce evidence of diminution in value or valuation evidence at trial and there had been no split trial authorizing later assessment of damages. Costs of the appeal were awarded to the respondent at…

  • 15 May 2007

    KO SUI MING AND ANOTHER v. WONG LAI CHU AND ANOTHER

    Citation
    KO SUI MING AND ANOTHER v. WONG LAI CHU AND ANOTHER
    Court
    District Court
    Case number
    DCCJ983/2006

    Plaintiffs failed to prove on the balance of probabilities that water leaked from the defendants' flat because the primary evidence (the RITS/infrared thermographic report) lacked necessary foundation and reliability (absence of ETS witness, no evidence of equipment calibration or correct data input, and thermograms could reflect cold water in contained pipes without leakage); accordingly the claim is dismissed and defendants awarded costs.