Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Seepage and backflow
  • 19 Dec 2017

    PUTAI LTD v. YAU LEE HO AND ANOTHER

    Citation
    PUTAI LTD v. YAU LEE HO AND ANOTHER
    Court
    District Court
    Case number
    DCCJ2666/2013

    On the balance of probabilities the backflow was caused by a towel blocking the external drainage pipe; that blockage was an accident and there was no evidence of improper appointment or negligence by the Owners Incorporation, so the third party is not liable; the waste water back-flowed via the water closet in Flat 2B through a non-waterproof floor slab into Flat 1B causing seepage and damage, and the defendants breached the DMC, statutory duties and committed nuisance and negligence; plaintiff entitled to damages of $64,900 plus interest and costs as ordered.