6 Dec 2004
CHAN YING WAH v. BACHY SOLETANCHE GROUP LTD AND ANOTHER
- Citation
- CHAN YING WAH v. BACHY SOLETANCHE GROUP LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2266/2002
The court found on the balance of probabilities that seawater stored on the defendants' worksite overflowed or leaked, mixed with a natural stream and was discharged via the worksite tube into the rainwater gutter and Pit A, causing salt contamination of irrigation water and consequent crop damage; this escape was an unnatural use of land making both defendants occupiers liable in negligence, nuisance and under Rylands v. Fletcher, and the plaintiff's lawful use of Pit A did not break causation.