3 Oct 2023
POON YUK YING SUSANNA 對 THE INCORPORATED OWNERS OF KIN YICK MANSION
- Citation
- [2023] HKLdT 59
- Court
- Lands Tribunal
- Case number
- LDBM295/2019
Applicant proved the unit experienced leakage during 2014–2022 and that the external wall was one of multiple sources; the IO was notified (including government reports) of possible wall defects by mid‑2015 yet failed to investigate or repair in a timely or reasonable manner; that failure constituted a breach of the statutory duty under BMO s.18(1)(a) and caused loss recoverable as damages. The injunction was refused because subsequent repairs removed the external wall as a continuing source.