20 Feb 2023
WONG WAI PING AND ANOTHER v. THE INCORPORATED OWNERS OF MOUNT PARKER LODGE
- Citation
- [2023] HKDC 249
- Court
- District Court
- Case number
- DCCJ5891/2020
On the balance of probabilities the court found the waterproofing membrane failure at the localized main seepage area was caused by accelerated deterioration due to focal added loading and wind strain transmitted by the heavy main canopy through the small base plates, shortening the membrane's lifespan at those spots; the IO was not entitled to rely on the Exemption Clause as it does not apply to the IO; accordingly plaintiffs' claim for reimbursement was dismissed and plaintiffs ordered to pay the IO's costs (order nisi).