Owners' Corporation, claim for damage caused by water seepage
building management, IO, property management Ltd. _cc781905-5cde-3194-bb3b -136bad5cf58d_ _cc78195-bb_136cde-bad-3194
1 1 TREGUNTER 的法人所有人第一被告 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_ THE INCORPORATED OWNERS OF TREGUNTER _cc781905-5cde-3158-bb3b-136bad5cfd_136bad5cf58d_
1 1 PROTECH PROPERTY MANAGEMENT LIMITED 第二被告 1 _cc781905-5cde-3194 -bb3b-136bad5cf58d_ PROTECH PROPERTY MANAGEMENT LIMITED _cc781905-5cde-3194-bb3b-1362bad5cf58endd
1 1 EVERGREEN HONG KONG INVESTMENT LIMITED 原告 1 _cc781905-5cde-3194- bb3b-136bad5cf58d_ EVERGREEN HONG KONG INVESTMENT LIMITED _cc781905-5cde-3194-bb3b-136diff_bad5cf58
1 1 DCCJ 2256/2018 1 DCCJ 2256/2018
1 1 The owners' corporation of the "Second Defendant") claimed against the plaintiff's property for damage caused by water seepage. The case initially began in the Court of First Instance (action number HCA 2503/2016) and was transferred to the District Court by order of Director Ho dated 17 May 2018. 1 1. This is a claim by Evergreen Hong Kong Investment Limited (the “Plaintiff”) against the Incorporated Owners of Tregunter (the “1st Defendant”) and Protech Property Management Limited (the “2nd Defendant”), for water seepage causing damage to the Plaintiff's property. The case was originally commenced in the Court of First Instance (under action number HCA 2503/2016), and was transferred to the District Court pursuant to the order of Master Ho dated 17 May 2018. _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 2. At trial, the plaintiff was represented by counsel Mr. Zhao Wensen (“Mr. Zhao”), and the first and second defendants were represented by counsel Mr. Li Yupei ("Mr. Li") acting as agent. 1 2. At the trial, the Plaintiff was represented by counsel Mr Vincent Chiu (“Mr Chiu”), and the 1st and 2nd Defendants were represented by counsel Mr Paul Yuk Pui Lee (“Mr Lee”). _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 3. There is no substantive factual dispute in this case. In fact, it can be seen from the defenses of the first and second defendants that they adopted a passive attitude, admitted most of the background facts, but at the same time strictly proved the plaintiff's basic allegations. Therefore, the key battle is that between experts on both sides. 1 3. The present case does not engage substantial factual disputes. In fact, by the 1st and 2nd Defendants' defence, one can see that they have taken a passive approach, admitting most of the background facts but at the same time putting the plaintiff to strict proof of its essential allegations. The key battle, therefore, is between the parties' experts.
1 1 (1) There is an injunctive injunction directing the 1st and/or 2nd Defendants to carry out proper and effective repairs within 150 days from the date of this Agreement , to stop and correct water seepage problems in the Plaintiff's apartment including, but not limited to:- -bb3b-136bad5cf58d_(1) There be mandatory injunction to direct the 1st and/or 2nd Defendants to effect due and effective repair to stop and rectify the water seepage problems at the Plaintiff's Flat within 150 days from the date hereof, including but not limited to:-
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 (a) Replace the entire waterproofing membrane of the 2 roofs of the estate; -136bad5cf58d_1 (a) the replacement of the entire waterproofing membrane on the roof of Tower 2 of the Estate; -5cde-3194-bb3b-136bad5cf58d_
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1 1 (b) Inspect and repair STOR, DC, drains and their downspouts as described in Lam's Solo Report 6.11 and 6.12; 1 (b) inspections and repairs to the STOR, DC, Drain and its downpipe as stated in §§6.11 and 6.12 of Lam's Solo Report;
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 (c) Inspection and repair of SH façade as described in section 6.4 of Lin's solo report; _cc781905-5cde-3194-bb3b- 136bad5cf58d_ 1 (c) inspections and Reports to the external walls stated in §6 repairs of the external Lam's of the SH ;
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 If the parties cannot agree on a candidate, a satisfactory certificate shall be issued by an independent authorizer designated by the parties. 1 with certificate of satisfaction to be issued by an independent authorised person to be appointed by the parties with liberty to apply if the parties could not agree on the candidate.
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 (2) The 1st Defendant and the 2nd Defendant shall jointly or separately pay the Plaintiff the maintenance cost of HK$123,000. 1 (2) The 1st and 2nd Defendants shall jointly or severally pay the Plaintiff costs of repair in the sum of HK$123,000.
1 1 1 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
1 1 (3) The claim of the plaintiff's loss of access rights is rejected. 1 (3) The Plaintiff's claim for loss of enjoyment be dismissed. _cc781905 -5cde-3194-bb3b-136bad5cf58d_
2 2 HONG LEONG INDUSTRIAL COMPLEX 第一原告的法人業主 2 _cc781905- 5cde-3194-bb3b-136bad5cf58d_ THE INCORPORATED OWNERS OF HONG LEONG INDUSTRIAL COMPLEX 1st Plaintiff
2 2 WING KEE PRODUCE LIMITED FOR ITSELF AND ALL OTHER OWNERS OF HONG LEONG INDUSTRIAL COMPLEX, HL RESOURCES LIMITED formerly HONG LIMITED PRODUCE COMPANY MANAGEMENT LIMITED 前稱HONG LEONG INDUSTRIAL COMPLEX LIMITED 第二原告 2 WING KEE PRODUCE LIMITED on behalf of itself and all other owners of HONG LEONG INDUSTRIAL COMPLEX except HL RESOURCES LIMITED formerly known as HONG LEONG INVESTMENT COMPANY LIMITED and BRAND PROPERTY MANAGEMENT LIMITED formerly known as HONG LEONG INDUSTRIAL COMPLEX LIMITED _cc781905-5cde-3194-bb3b-1390bad5cc_cf758_d -5cde-3194-bb3b-136bad5cf58d_2nd Plaintiff
2 2 2 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
2 2 HCA2572/2005 2 _cc781905 -5cde-3194-bb3b-136bad5cf58d_ HCA2572/2005_cc781905-5cde-3194-bb5d_cfb-136bad
2 2 HL RESOURCES LIMITED 前身為HONG LEONG INVESTMENT COMPANY LIMITED 第一被告 _cc781905-5cde-3194-bb3b- 136bad5cf58d_2 HL RESOURCES LIMITED formerly known as HONG LEONG INVESTMENT COMPANY LIMITED 1st Defendant
2 2 BRAND PROPERTY MANAGEMENT LIMITED 前身為HONG LEONG INDUSTRIAL COMPLEX LIMITED 第二被告 _cc781905-5cde-3194-bb3b -136bad5cf58d_2 BRAND PROPERTY MANAGEMENT LIMITED formerly known as HONG LEONG INDUSTRIAL COMPLEX LIMITED 2nd Defendant
2 2 2 _cc781905-5cde- 3194-bb3b-136bad5cf58d_
2 2 the body corporate of the owners of the building”). The first plaintiff was incorporated under Chapter 1 of the Building Management Ordinance. 344 (the "Regulations") on May 30, 2002. 2 1. The 1st plaintiff is the body corporate of the owners of the building known as Hong Leong Industrial Complex (“the building”) at 4, Wang Kwong Road, Kowloon. The 1st plaintiff was incorporated under the Building Management Ordinance Cap. 344 (“the Ordinance”) on 30 May 2002.
2 2 16. The plaintiff's case was that the 1st The walls are in good and rentable repair and condition and are protected from any loss, damage, nuisance or annoyance to owners or occupiers of other parts of the building. Alternatively, the plaintiff's case was that the failure of the 1st Defendant to maintain the roof and external walls was a breach of the 1st Defendant's statutory duty to maintain the roof under section 34H of the Ordinance. Exterior wall repairs are in good condition. 2 16. The plaintiffs' case is that the 1st defendant failed in its obligation under clause (a) of the Fourth Schedule to the DMC to keep the roof and the external wall in good and tenantable repair and condition and to maintain the same in a manner so as to avoid any loss, damage, nuisance or annoyance to the owners or occupiers of other parts of the building. Alternatively, the plaintiffs' case is that the said failure on the part of the 1st defendant to maintain the roof and the external wall was a breach of the statutory duty under section 34H of the Ordinance on the part of the 1st defendant to maintain the roof and the external wall in good repair and condition.
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