28 Apr 2023
KO PUI YEE v. JONES LANG LASALLE MANAGEMENT SERVICES LTD
- Citation
- [2023] HKCFI 1156
- Court
- Court of First Instance
- Case number
- HCSA27/2020
The adjudicator's factual finding that sandbags or barriers would have prevented the flooding could stand on the defendant's own internal guidelines, but the adjudicator erred in failing to consider and determine the effect of the burst B1 pipe and erred in not advising the defendant to adduce expert evidence under s16(3); those omissions resulted in injustice requiring the appellate court to set aside the orders and remit the claims to the Small Claims Tribunal for fresh determination with directions to investigate causation and to guide parties on expert evidence.