Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breach of covenant (dmc clause 10(c))
  • 28 May 2018

    PUTAI LTD v. YAU LEE HO AND OTHERS

    Citation
    [2018] HKCA 298
    Court
    Court of Appeal
    Case number
    CAMP36/2018

    Leave to appeal refused because the applicants lacked a reasonable prospect of success: the trial judge properly exercised case management in allowing the amendment; causation was established on the balance of probabilities linking the backflow in 2B to seepage in 1B; the factual finding that defendants failed to take adequate steps was not plainly wrong; and there was no evidence that the incorporated owners’ maintenance regime caused the blockage by the towel.