31 Jan 2019
LI CHING HAR AND ANOTHER v. WONG SUK KIT
- Citation
- [2019] HKDC 150
- Court
- District Court
- Case number
- DCCJ4566/2014
On the balance of probabilities the court accepted the Joint Office surveyor's findings together with plaintiffs' expert tests that the defendant's bathroom floor had defective waterproofing and was the source of seepage; defendant and occupiers obstructed investigations and behaved dishonestly; accordingly defendant was liable for breach of the DMC, common law nuisance and negligence and a mandatory injunction and damages were ordered.