plaintiff: LI KUEN KWAI JAY and LEUNG WING TUNG LILIAN
defendant: LOK CHUN CHEONG and CHUNG KIT CHU
case_reason: Water seepage dispute between flat owners in a multi-storied residential building
judgment_summary: This case concerns a water seepage dispute in South Horizon Development, Apleichau. The plaintiffs, owners of Flat 5E, claimed water seepage from the defendants' Flat 6E above affected their Guest Bathroom, Master Bathroom, and corridor ceilings. Despite four rounds of repair works by defendants and multiple investigations by the Management Office and Joint Office (FEHD and BD), Fluorescent Dye Tests (FDT) consistently produced negative results. Expert witnesses conducted various tests including visual inspection, infrared scan, flow meter test, FDT, Electrical Moisture Meter (EMM), and Microwave Leakage Detection (MLD). The court found the plaintiffs failed to prove, on balance of probabilities, that seepage originated from the defendants' premises. The multiple negative FDT results from both experts and independent parties over six years (2012-2018) were deemed reliable and conclusive. The action was dismissed.
jurisdiction_code: HKDC
jurisdiction_name: District Court of the Hong Kong Special Administrative Region
case_location: Hong Kong
case_object: Civil dispute regarding property damage and nuisance caused by alleged water seepage
judgment_result: Action dismissed. Plaintiffs failed to prove that water seepage originated from defendants' premises. Defendants ordered to pay costs.
involved_entities:
  - LI KUEN KWAI JAY (Plaintiff, co-owner of Flat 5E)
  - LEUNG WING TUNG LILIAN (Plaintiff, co-owner of Flat 5E)
  - LOK CHUN CHEONG (1st Defendant, owner of Flat 6E)
  - CHUNG KIT CHU (2nd Defendant, owner of Flat 6E)
  - Deputy District Judge Barbara Wong (Presiding Judge)
  - Ms Lau Shan La (Plaintiffs' Expert Witness)
  - Mr Tsang Chun Wang (Defendants' Expert Witness)
  - Food and Environmental Hygiene Department (FEHD)
  - Buildings Department (BD)
  - South Horizons Management Office
