Read the full judgment text of CACV 000169/1996 on BabelCite. This Court of Appeal judgment was delivered on 5 November 1996 before Power, Ag. C.J., Bokhary, J.A. and P. Chan, J..
Civil law – building management – Deed of Mutual Covenant – manager's duties – whether clauses requiring manager to keep common sewers free and clear from obstructions and to keep common facilities in good condition and working order impose absolute obligations – flat in Yuen Long flooded due to blocked sewage pipe caused by occupants putting solid materials into lavatories – whether manager breached common law and contractual duty of care – interpretation of Section V Part B of Deed of Mutual Covenant – Court of Appeal holds contractual duties are not absolute but require proper management equivalent to common law duty of care – flood damage caused by blockage not attributable to manager's failure – negligence and nuisance findings not challenged – appeal dismissed – respondent to have costs taxed – appellant's costs taxed in accordance with Legal Aid Regulations.
Legal issues: Whether contractual duties under Section V Part B of the Deed of Mutual Covenant imposed absolute obligations on the building manager · Whether the respondent breached its duty of care in respect of the sewage pipes
Outcome: Appeal dismissed.
Cited by 4 cases