14 Mar 2014
TAM WAI CHEUNG ROGER AND ANOTHER v. GOODWELL PROPERTY MANAGEMENT LTD
- Citation
- TAM WAI CHEUNG ROGER AND ANOTHER v. GOODWELL PROPERTY MANAGEMENT LTD
- Court
- District Court
- Case number
- DCCJ2262/2013
The summons to strike out was dismissed because the Statement of Claim adequately pleaded the essential elements of negligence based on the DMC (duty, breach, causation); whether the noises amount to "disturbing" under the DMC is a matter for evidence at trial and not a fatal pleading defect; no clear, unambiguous undertaking was established to estop the plaintiffs from claiming continuing damages, so the claim was not plainly unsustainable and should not be struck out.