Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Maintenance liability

  • 28 May 2018

    PUTAI LTD v. YAU LEE HO AND OTHERS

    Citation
    [2018] HKCA 298
    Court
    Court of Appeal
    Case number
    CAMP36/2018

    Leave to appeal refused because the applicants lacked a reasonable prospect of success: the trial judge properly exercised case management in allowing the amendment; causation was established on the balance of probabilities linking the backflow in 2B to seepage in 1B; the factual finding that defendants failed to take adequate steps was not plainly wrong; and there was no evidence that the incorporated owners’ maintenance regime caused the blockage by the towel.

  • 24 Apr 2006

    LUK WING NIN v. CHEVALIER (HK) LTD. AND ANOTHER

    Citation
    LUK WING NIN v. CHEVALIER (HK) LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI414/2000

    Accident was of unknown cause that would not normally occur if the lift operated properly; EMSD findings and admitted abnormal lift behaviour permit inference under res ipsa loquitur that the lift was not operating properly and the defendant, as maintainer, failed to provide an acceptable explanation consistent with reasonable care; defendant therefore liable for death.

  • 20 Mar 2001

    Abdoolally Ebrahim & Co. (H. K.) Ltd. v. Formalex Ltd.

    Citation
    Abdoolally Ebrahim & Co. (H. K.) Ltd. v. Formalex Ltd.
    Court
    Lands Tribunal
    Case number
    LDNT43/2000

    The District Court claim for repair costs was not sufficiently relevant to the Tribunal's statutory task of determining the commencement date, duration, terms and prevailing market rent of the new tenancy; the District Court outcome is not binding on the Tribunal and, because it is uncertain whether the disputed lease clauses will be incorporated into the new tenancy or whether the commencement date will be after the disputed repairs, the Tribunal must not delay fixing hearing dates pending the District Court judgment.