Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rylands v. fletcher (strict liability)

Legal area

Court

9 Nov 1991

BULMER LTD. AND ANOTHER v. ACL ELECTRONICS (H.K.) LTD.

Citation

BULMER LTD. AND ANOTHER v. ACL ELECTRONICS (H.K.) LTD.
Court

Court of First Instance
Case number

HCA7042/1990

The court found on the balance of probabilities that the defendant's continuous operation of its newly installed air-conditioning unit caused abnormal cooling of the floor slab, resulting in condensation and consequential ceiling spalling; that the interference amounted to an actionable private nuisance and also attracted liability under Rylands v. Fletcher; plaintiffs proved causation, mitigation was reasonable, damages were foreseeable, and judgment for repair costs of $19,500 was awarded to the plaintiffs.
25 Apr 1991

CHAN SAP AND ANOTHER v. WU SHAIO WU AND OTHERS

Citation

CHAN SAP AND ANOTHER v. WU SHAIO WU AND OTHERS
Court

Court of First Instance
Case number

HCA720/1986

Court awarded 1st Plaintiff the full cost of remedial repairs ($102,000) and 2nd Plaintiff the proven value of damaged raw materials and finished products ($45,874); the claim for loss of profits ($90,300) was dismissed for lack of reliable evidence. Interest at 10% per annum from date of writ to judgment and costs to plaintiffs with certificate for counsel were ordered.