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DCCJ6548/2025
TAM CHUN PONG v LEUNG SIU CHING and BONG JUN NGO
Case Details
Case ReferenceDCCJ6548/2025
CourtDistrict Court 區域法院
Date Published2026-03-20
LanguageEnglish
NCN[2026] HKDC 488
Claimant / ApplicantTAM CHUN PONG (譚鎮邦)
Defendant / RespondentLEUNG SIU CHING (梁少清) and BONG JUN NGO (黃雲娥)
JudgesHis Honour Judge KC Chan
Claimant CounselMs Tina Mok
Claimant SolicitorsCFN Lawyers LLP
Judgment Summary
Facts
- •Plaintiff owns 6th Floor, Vico Mansion; Defendants own 7th Floor.
- •Water leakage occurred since early 2023 causing damage to Plaintiff's property.
- •Expert report attributed leakage to Defendants' defective sanitary fitments or waterproofing.
- •Defendants failed to respond to demand letter or file Acknowledgment of Service.
- •Defendants did not appear at the hearing.
Issues
- •Whether default judgment should be entered due to Defendants' default.
- •Whether service of writ and summons was duly effected.
- •Whether pleaded facts establish liability for water seepage.
- •What terms should apply to the mandatory injunction for repairs.
Outcome
- •Interlocutory judgment on liability entered against Defendants; damages to be assessed.
- •Mandatory injunction granted: Defendants to stop leakage within 12 weeks of service.
- •Requirement for Authorized Person supervision deleted from injunction.
- •Defendants ordered to pay Plaintiff's costs on liability basis with certificate for counsel.
Implication
- •Confirms validity of service via letterbox at property address for default judgment.
- •Court may modify injunction terms to ensure fairness to absent defendants.
- •Establishes liability framework for water seepage under DMC and common law in default scenarios.
Laws & Authorities Cited
- §Rules of the District Court, O 19 r 7
- §Building Management Ordinance (Cap. 344), s. 34H