24 Dec 2024
YEUNG YI LAN v. THE INCORPORATED OWNERS OF KAM SHING BUILDING
- Citation
- [2024] HKDC 2140
- Court
- District Court
- Case number
- DCCJ4794/2021
On accepted unchallenged evidence the post-June 2021 rainwater seepage was caused by a defective waterproofing layer on the roof, which is a common part for which the Incorporated Owners are statutorily and contractually responsible; the IO failed to take reasonable steps to repair despite notice and is thus liable in negligence and nuisance and for breach of the DMC; mandatory injunctive relief was appropriate to compel repair within 90 days and damages were awarded for repair costs, temporary works and general damages for breach of the DMC.