Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance duty

  • 28 Apr 2026

    LEE WOON PING v. SMART DRAGON ASIA PACIFIC LTD

    Citation
    [2026] HKDC 754
    Court
    District Court
    Case number
    DCCJ844/2020

    On the evidence the court inferred that seepage at least partly originated from Flat 5E: abatement of seepage when flushwater supply to Flat 5E was suspended, high chloride content and dye (fluorescein) observed on plaintiff's ceiling and expert findings established a causal link to Flat 5E's flushwater/floor drainage; the defendant knew or ought to have known and failed to take reasonable steps to repair; therefore defendant liable in nuisance and negligence and injunctive relief and damages were appropriate.

  • 21 Nov 2005

    WEALTH SUMMIT DEVELOPMENT (NOMINEE) LTD v. NG SHUN OI AND OTHERS

    Citation
    WEALTH SUMMIT DEVELOPMENT (NOMINEE) LTD v. NG SHUN OI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1592/2003

    The court accepted the joint expert's revised report that defective waterproofing of Flat 3A was the main cause of the water leakage (with limited contribution from Flat 3B); accordingly the 1st and 2nd defendants are liable for leakage and resultant loss and repairs attributable to Flat 3A (including loss of rental income and Room 2 repairs and remedial work touching Flat 3A), the 3rd defendant is liable for leakage from Flat 3B affecting Room 1 and must bear repair and remedial costs touching Flat 3B; assessment of quantum was adjourned and costs were apportioned by the court.