27 Mar 2020
UNION PACIFIC INSURANCE AGENCY LTD v. THE INCORPORATED OWNERS OF NAN YUEN BUILDING
- Citation
- [2020] HKDC 140
- Court
- District Court
- Case number
- DCCJ781/2016
Plaintiff failed to discharge the burden of proving that the Subject Exterior Wall was the source (or one of the sources) of the Subject Seepage; the purported Po Wah works/invoice were unreliable and not proven; accordingly plaintiff's claim based solely on that source fails. The IO's counterclaims failed because the relevant DMC clauses did not impose the alleged prohibitions and no loss was proved. Both claim and counterclaim are dismissed and no order as to costs was made (order nisi).