Hong Kong Case Law: Decisions & Judgments

Topic

Rylands v fletcher

Legal area

Court

10 Jul 2024

TAM TZE HANG ANTONY v. NGAI PING YUEN AND ANOTHER

Citation

[2024] HKDC 1102
Court

District Court
Case number

DCCJ187/2024

On the pleadings the plaintiff established that the defendants, as registered owners of the flat above, were responsible under the Deed of Mutual Covenant and in tort for water leakage; defendants defaulted, thereby admitting pleaded particulars; accordingly interlocutory judgment was entered for the plaintiff with damages to be assessed and a mandatory order in terms of the draft to compel repairs and prevent recurrence, and costs to be summarily assessed.
22 Dec 2020

CHAN ALBERT KOON KEUNG AND OTHERS v. YEE YUN TUNG

Citation

[2020] HKDC 1201
Court

District Court
Case number

DCCJ3071/2017

Plaintiffs' unchallenged and credible evidence, including expert reports, established that the water seepage originated from the Defendant's premises and caused damage; accordingly the court awarded plaintiffs damages for remedial works, removal works, temporary accommodation, storage and general damages totalling HK$381,630, with interest and costs as ordered.
19 Apr 2018

CHUNG YOON BAE v. REHMAN ATEEQ UR

Citation

[2018] HKDC 403
Court

District Court
Case number

DCCJ3078/2011

The court accepted the plaintiff's evidence and parts of the expert's first report, found the claimed renovation and alternative accommodation expenses were reasonably incurred as a result of the defendant's water seepage and the subsequent Water Flooding Incident, allowed pecuniary items 1–14 and accommodation items 15–17 and the agreed non-pecuniary claim, but limited recovery to the District Court's maximum award of HKD 1,000,000; interest and costs were awarded accordingly.
18 Jun 2013

LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG

Citation

LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG
Court

District Court
Case number

DCCJ3232/2010

There was a latent water leakage at the premises existing before completion which constituted an encumbrance that the vendor failed to disclose; therefore the vendor did not show good title and repudiated the provisional agreement; the plaintiffs had paid both deposits (HK$130,000 and HK$120,000); clause 8(2), providing an amount equal to the deposit (10% of purchase price) as compensation, is a valid liquidated damages clause and not a penalty; accordingly the vendor must repay the deposits (HK$250,000) and pay liquidated damages of HK$250,000, resulting in judgment for plaintiffs totaling H…
4 Apr 2003

HUI YEUN FONG v. MOK MO YIN

Citation

HUI YEUN FONG v. MOK MO YIN
Court

District Court
Case number

DCCJ21492/2001

Defendant's renovation works generated excessive noise and vibration amounting to an actionable nuisance and materially accelerated/caused the damage to plaintiff's flat; owner liable despite contractor; plaintiff entitled to damages totalling HKD 102,000 and costs.

Hong Kong Case Law

TAM TZE HANG ANTONY v. NGAI PING YUEN AND ANOTHER

CHAN ALBERT KOON KEUNG AND OTHERS v. YEE YUN TUNG

CHUNG YOON BAE v. REHMAN ATEEQ UR

LAW PING YING TRICIA AND ANOTHER v. HUI KIN SANG

HUI YEUN FONG v. MOK MO YIN