Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Drainage defects

Legal area

Court

24 Oct 2023

THE INCORPORATED OWNERS OF CHUNG WUI APARTMENTS v. SARWIN INDUSTRIES LTD

Citation

[2023] HKLdT 63
Court

Lands Tribunal
Case number

LDBM361/2014

The tribunal accepted the single joint liability expert and factual evidence that unauthorized alterations and defects in the underground drainage and the vertical pipes caused long‑standing malfunction of toilets and recurrent foul water leakage; those drainage elements were common parts for which the Incorporated Owners had statutory duties under s.18 and failed to take appropriate steps despite notice and a BD drainage order; accordingly IO was liable to WF and Sarwin for breaches of duty and the respondents were entitled to damages and mandatory injunctions to compel compliance with the B…
24 Oct 2023

THE INCORPORATED OWNERS OF CHUNG WUI APARTMENTS v. WUI FU COMPANY LTD

Citation

[2023] HKLdT 63
Court

Lands Tribunal
Case number

LDBM360/2014

The tribunal accepted the single joint liability expert's CCTV and inspection evidence that unauthorized alterations and defects in the underground drains/sewers and in the three vertical pipes caused persistent sewage backflow, non‑functional toilets and foul water leakage; the Incorporated Owners had notice, had been subject to a Buildings Authority drainage order and failed to discharge statutory duties under s.18(1), therefore IO was liable and respondents were entitled to damages and mandatory injunctions to compel compliance with the BD order and repairs.