2 Jul 1980
ORIENT TRADING HOUSE (A FIRM) AND ANOTHER v. KAT TAK INVESTMENT CO LTD AND ANOTHER
- Citation
- ORIENT TRADING HOUSE (A FIRM) AND ANOTHER v. KAT TAK INVESTMENT CO LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA4303/1979
The Defendant (landlord) was liable: it knew of the defective waterproofing at the aperture on 6 July, failed to take adequate remedial steps thereafter and breached both its common law duty of care and Clause 3(b) of the tenancy agreement; the flooding on 30 July was caused by rainwater ingress through the defective sealing (not condensation), damages were awarded to Plaintiffs totalling HKD 38,100 plus interest at 10% from the writ, the Defendant's claim against the Third Party was dismissed because responsibility for cement plastering/sealing rested with the Defendant.