Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-natural use
  • 12 Sept 2013

    CHUNG WAH STEEL WORKS CO LTD v. CHAN KWONG KWAN

    Citation
    CHUNG WAH STEEL WORKS CO LTD v. CHAN KWONG KWAN
    Court
    District Court
    Case number
    DCCJ4763/2011

    The claim was dismissed because the evidence was equivocal and insufficient to establish negligence or res ipsa loquitur; the Rylands v Fletcher rule did not apply because the combustibles were not an extraordinary non-natural use and the thing stored did not escape (only the fire did); and the plaintiff lacked locus standi to sue in nuisance because it did not have exclusive possession of Unit E15. Consequently defendant entitled to costs.