28 Apr 2023
KO PUI YEE v. JONES LANG LASALLE MANAGEMENT SERVICES LTD
- Citation
- [2023] HKCFI 1156
- Court
- Court of First Instance
- Case number
- HCSA26/2020
The appeal succeeds insofar as the adjudicator failed to take into account material evidence about a burst B1 pipe and failed to advise the defendant to adduce expert evidence under his duty to investigate, producing potential injustice; however the adjudicator was entitled to rely on the defendant's internal typhoon guidelines to find sandbags/water barriers could have prevented flooding; the correct remedy is to set aside the adjudicator's orders and remit the five claims to the Small Claims Tribunal for fresh determination with direction to explore expert evidence and the effect of the B1…