26 Nov 2024
KIMBERLEY ASSETS MANAGEMENT LTD 對 THE INCORPORATED OWNERS OF WING LEE BUILDING
- Citation
- [2024] HKLdT 92
- Court
- Lands Tribunal
- Case number
- LDBM114/2022
The tribunal found on the balance of probabilities that Flat 9I suffered continuing leakage caused at least in part by defective waterproofing of the roof and external wall; the Incorporated Owners failed to take reasonable investigatory and supervisory steps and therefore breached their statutory duty in respect of common parts under s18(1)(a) of the Building Management Ordinance, entitling the applicant to a mandatory repair order and assessed monetary relief (repair costs and modest rental compensation) plus interest and costs.