6 Dec 2024
TOLLEMACHE COMPANY LTD AND OTHERS v. RAYMOND LUN KWOK PAO also known as PAO LUN KWOK RAYMOND
- Citation
- [2024] HKDC 2026
- Court
- District Court
- Case number
- DCCJ1322/2022
On the evidence the principal cause of the severe leakage was leaves blown onto and blocking roof drain holes during the exceptional Typhoon Vicente; the drain holes/pipework formed part of the common drainage system for which the manager had responsibility under the DMC; defendant did not have an affirmative duty to maintain the common drainage and, in any event, acted reasonably and promptly via domestic helpers once notified; evidence did not establish windows or external wall as substantial causes and plaintiffs failed to prove breach of duty, nuisance or negligence; claim dismissed.