Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Causation and proof of damage
  • 26 Jul 2006

    CHUN WO FOUNDATIONS LTD v. DORRO PROPERTIES LTD

    Citation
    CHUN WO FOUNDATIONS LTD v. DORRO PROPERTIES LTD
    Court
    Court of Appeal
    Case number
    CACV293/2005

    The court upheld the trial judge's findings that the plaintiff had substantially completed the piling by 31 January 2000 and had satisfied contractual/Building Authority submission obligations; the ALA survey did not establish a causal link between any alleged out-of-tolerance piles and subsequent pile cap design amendments or delay; the extensive delay before superstructure works was attributable to the defendant's actions and circumstances, and the defendant failed to prove damage causally caused by the plaintiff, therefore the defendant's counterclaim and appeal fail.