Leung Tsang Hung and Lee Wai Yu v. The Incorporated owners of Kwok Essay

Leung Tsang Hung and lee(prenominal) Wai Yu v. The bodied owners of Kwok Wing mansion house, HKSAR FACV42007 - Essay Example madam Liu died and it was found that the 15 lbs. triangular piece of cover came from Kwok Wing crime syndicate and fell from Flat A on the 11th floor and it organise the ceding back of a concrete canopy which is projecting out from over the enclosed balcony of the mat, before it had been detached and go down into the street ( cause Alert Case 2 (FACV4/2007), 2008 and Leung Tsang Hung and Lee Wai Yu v. Incorporated Owners of Kwok Wing House FACV4/2007, 2007).The tenant as well as the incorporated owners was sued in negligence and public nuisance. And they were held liable for the case. The starting line Instance Judge as well as the tap of Appeal had dismissed the claim against the Incorporated Owners (Case Alert Case 2 (FACV4/2007), 2008).The Court of Final Appeal handed down the finish on the case on October 26, 2007 and the case has clearly rigid down the responsibilities as well as liabilities of the incorporated owners in relation to common areas and illegal structures of the building. They were withal held responsible for the Death of Madam Liu.In August 1999, Madam Liu was plying her trade as a hawker in Tung Choi Street, when she met was struck by a dropping piece of concrete coming from adjacent building, known as Kwok Wing House and as a consequence, she died. ... e decision on the case on October 26, 2007 and the case has clearly laid down the responsibilities as well as liabilities of the incorporated owners in relation to common areas and illegal structures of the building. They were also held responsible for the Death of Madam Liu. 3. Facts A. Factual events leading up to the caseIn August 1999, Madam Liu was plying her trade as a hawker in Tung Choi Street, when she met was struck by a falling piece of concrete coming from adjacent building, known as Kwok Wing House and as a consequence, she died. That piece of concrete fell from Flat A on the 11th floor of the said building, which formed a corner of a concrete canopy projecting out from the enclosed balcony of the flat. Tenant of the flat and incorporated owners were sued in negligence and public nuisance. The tenant and owners of the flat were held liable, however, the first Instance Judge and Court of Appeal had dismissed the claim against the Incorporated Owners so, the plaintiffs appealed to the Court of Final Appeal (Case Alert Case 2 (FACV4/2007). Accidents CauseThere was a canopy protruding from outer wall of the premises on top of the building to which someone added the elongated canopy and converted the open balcony beneath as authority of the covered space inside the premises. From that extended canopy the fatal concrete fragment fell. No picture found when was the extended canopy erected and who was responsible for it and it could have been erected in 1964, soon after occupation sanction was issued and before the sale of t he said premise to its first owner. Investigation report of Building Authorities implies that the extended canopy was cast against the approved canopy with roughened joint however, connecting steel reinforcement and spanned between the