Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Act of god

  • 28 Apr 2023

    KO PUI YEE v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

    Citation
    [2023] HKCFI 1156
    Court
    Court of First Instance
    Case number
    HCSA27/2020

    The adjudicator's factual finding that sandbags or barriers would have prevented the flooding could stand on the defendant's own internal guidelines, but the adjudicator erred in failing to consider and determine the effect of the burst B1 pipe and erred in not advising the defendant to adduce expert evidence under s16(3); those omissions resulted in injustice requiring the appellate court to set aside the orders and remit the claims to the Small Claims Tribunal for fresh determination with directions to investigate causation and to guide parties on expert evidence.

  • 28 Apr 2023

    LEROY KNITWEARS LTD v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

    Citation
    [2023] HKCFI 1156
    Court
    Court of First Instance
    Case number
    HCSA31/2020

    The adjudicator's causation finding could not stand because he failed to consider or make findings on the burst B1 pipe evidence and thereby omitted a relevant factor; the tribunal also failed to fulfil its s16(3) investigatory duty by not advising the defendant to call expert evidence, resulting in injustice; however the adjudicator's reliance on the defendant's internal guidelines to find sandbags could have prevented flooding was within the range of reasonable findings. Orders set aside and matters remitted for fresh determination with directions to explore expert evidence and the B1 pipe…

  • 28 Apr 2023

    KO PUI YEE v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

    Citation
    [2023] HKCFI 1156
    Court
    Court of First Instance
    Case number
    HCSA26/2020

    The appeal succeeds insofar as the adjudicator failed to take into account material evidence about a burst B1 pipe and failed to advise the defendant to adduce expert evidence under his duty to investigate, producing potential injustice; however the adjudicator was entitled to rely on the defendant's internal typhoon guidelines to find sandbags/water barriers could have prevented flooding; the correct remedy is to set aside the adjudicator's orders and remit the five claims to the Small Claims Tribunal for fresh determination with direction to explore expert evidence and the effect of the B1…

  • 28 Apr 2023

    WONG SIN CHUN v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

    Citation
    [2023] HKCFI 1156
    Court
    Court of First Instance
    Case number
    HCSA28/2020

    The adjudicator erred as a matter of law and/or by failing to take into account relevant evidence because he omitted to consider the evidence of a burst B1 rainwater pipe that may have caused the flooding and failed to advise the defendant to adduce expert evidence on causation and the effectiveness of sandbags/water barriers; while his reliance on the defendant's internal guidelines to support a finding that sandbags could have prevented flooding was within the range of reasonable findings, the omissions caused injustice and the proper remedy is to set aside and remit the claims to the Small…

  • 28 Apr 2023

    MA KWOK MING v. JONES LANG LASALLE MANAGEMENT SERVICES LTD

    Citation
    [2023] HKCFI 1156
    Court
    Court of First Instance
    Case number
    HCSA30/2020

    The adjudicator's decision on liability was set aside and the five claims remitted because he failed to consider a relevant factor (the burst B1 pipe) affecting causation and failed to discharge the statutory duty to alert the defendant to the likely need for expert evidence under s16(3), causing injustice; however the adjudicator was entitled to rely on the defendant's internal guidelines to find that sandbags/water barriers would likely have been effective and that the Act of God defence did not prevail absent evidence to the contrary.

  • 27 Jan 2014

    ON PARK PROPERTY MANAGEMENT LTD v. THE INCORPORATED OWNERS OF KWAN YICK BUILDING PHASE II

    Citation
    ON PARK PROPERTY MANAGEMENT LTD v. THE INCORPORATED OWNERS OF KWAN YICK BUILDING PHASE II
    Court
    District Court
    Case number
    DCCJ1535/2009

    Judge preferred defendant's expert evidence that ingress of street floodwater from an extreme, rare rainstorm was the predominant cause of the Car Park flooding (act of God), so defendant's alleged maintenance defects were only a minor contributor; therefore defendant not liable in negligence, breach of DMC or statutory duty and plaintiff's indemnity claim fails absent primary liability.

  • 12 Jun 2007

    MOK KA YIN (a minor) by SEI WAI LAN v. TSANG HING ON

    Citation
    MOK KA YIN (a minor) by SEI WAI LAN v. TSANG HING ON
    Court
    District Court
    Case number
    DCPI692/2004

    The court accepted the defendant's plausible medical explanations (sudden heart attack, hypoglycaemia or arrhythmia) supported by autopsy and expert evidence and the observed facts (no braking, driver slumped over wheel, severe coronary atheroma, gliclazide present), which displaced the res ipsa loquitur inference; regulation 7A(3)(b) did not apply because the plaintiff was not in a specified seat; plaintiff failed to prove negligence on balance and the collision was an inevitable accident/act of God; claim dismissed.

  • 23 Jul 2001

    Harmony Trump Ltd. v. Kwok Leung Po Chang

    Citation
    Harmony Trump Ltd. v. Kwok Leung Po Chang
    Court
    District Court
    Case number
    DCCJ9/2001

    On the balance of probabilities the court found that substantial rain entered the defendant's flat during consecutive typhoons, the defendant (through the domestic helper acting on employer's instruction) left sliding doors open despite known risk and defective shutter/glass, water soaked the carpet and migrated through the party wall causing damage; the defendant was therefore liable in negligence, nuisance and for breach of the DMC; repair costs of $69,700 were reasonable and awarded; claim for personal discomfort by the corporate plaintiff was disallowed because occupants who suffered thos…

  • 22 Apr 1999

    WONG LAI KAI v. WU CHAN CHOI AND OTHERS

    Citation
    WONG LAI KAI v. WU CHAN CHOI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI962/1996

    The 5th Defendant, as occupier enjoying exclusive use and benefit of the awning, owed a duty to persons lawfully passing under it and breached that duty by failing to maintain the awning; the registered owners (1st–4th) were not liable absent contractual obligation to repair; the Incorporated Owners (6th) were not liable because the awning was held to be within the exclusive part of Shop 5B and not a common part under the Deed and Cap.344; the Act of God plea failed because the occupier should have taken precautions.

  • 10 Apr 1996

    BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER

    Citation
    BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV229/1995

    The defendants were liable in nuisance and negligence because the flooding and consequent damage were reasonably foreseeable given local weather patterns and the fact the sliding door was left 12 inches ajar; the Act of God defence failed; however the plaintiff failed to prove quantum at trial so the trial judge's order for assessment by a Master was set aside and nominal damages of $10 awarded; costs order nisi made.