Read the full judgment text of HCCT 18/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 May 2022 before Deputy High Court Judge Winnie Tsui.
Procedure - Construction and Arbitration Proceedings - Transfer from Construction List to General List - Variation of interlocutory injunction order - Water leakage causing structural concrete slab damage - Plaintiff appointed to commence repair work after defendant's delay - Costs orders - Building Management Ordinance, Cap 344 - Order 45, rule 8 - Practice Direction 6.1. This case concerned whether a routine water leakage case involving alleged structural damage should remain in the Construction List or be transferred to the General List. The court held the case did not require specialist construction judge expertise and ordered transfer. The court also considered an application to vary an interlocutory injunction order mandating urgent repairs to the structural concrete slab. Due to the defendant's lack of cooperation and delay in arranging expert inspections or work, the court allowed the plaintiff to take carriage of the repair works, imposing a timetable and obligations on both parties. Costs were awarded respectively to the defendant for the transfer summons and to the plaintiff for the variation summons, both to be summarily assessed if not agreed. Additional related summonses were adjourned pending transfer. This judgement emphasises the court’s focus on procedural economy, proper case management, and ensuring urgent repair works proceed expediently in building management disputes.
Legal issues: Transfer of water leakage case to General List · Whether to vary interlocutory injunction order regarding repair works · Costs orders in relation to transfer and variation summons
Outcome: Action transferred from Construction and Arbitration List to General List; variation of interlocutory injunction to have plaintiff commence repair works; costs awarded to defendant for transfer summons and to plaintiff for variation summons.
Cited by 4 cases · Cites 1 case