17 Mar 2020
CHIM KWAN WO v. THE INCORPORATED OWNERS OF PEONY HOUSE EAST BLOCK
- Citation
- [2020] HKDC 111
- Court
- District Court
- Case number
- DCCJ5125/2016
The court accepted the plaintiff's and expert evidence that water leakage originated from the common flat roof, found the defendant had notice (from April 2015 or at latest May 2016) and unreasonably failed to take steps to remedy the defect, thereby breaching the DMC; the defendant could not rely on the unpleaded 1990/1991 materials and plaintiff was entitled to general and specific damages and a mandatory injunction (with specified limits on recoverable expert costs).