DCCJ 5588/2025

[2026] HKDC 231

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 5588 OF 2025

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BETWEEN

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REASONS FOR JUDGMENT

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1. This is the Plaintiff’s application for final and interlocutory judgment to be entered against the Defendant in default of defence under Order 19 rule 7 of the Rules of the District Court ( Cap 336H ) by summons dated 19 December 2025 (the “ Summons ”).

2. I allowed the application upon hearing the Plaintiff’s submissions. These are my reasons.

The Plaintiff’s pleaded case

3. This is a water seepage case. The Plaintiff is the registered owner of the property at 4/F, No 30 Kowloon City Road, Kowloon, whereas the Defendant is the registered owner of the property at 5/F, No 30 Kowloon City Road, Kowloon (which is immediately above the Plaintiff’s property).

4. Full particulars of the seepage problem have been pleaded in the Statement of Claim. It is the Plaintiff’s pleaded case that the seepage problem started in 2017 or 2018 and is still continuing. It led to the Plaintiff’s property (which was sub-divided into various units for rental) becoming unsuitable for occupation and use. There are also concerns that the seepage (both salt water and fresh water) has affected the structural integrity of the Plaintiff’s property. As identified in an expert report prepared by SH Consultants & Loss Adjuster Ltd, the seepage originates from the Defendant’s property.

5. The causes of action relied upon by the Plaintiff are private nuisance, negligence, breach of the relevant Deed of Mutual Covenant and breach of duties under section 34H of the Building Management Ordinance ( Cap 344 ). The Plaintiff essentially claims for injunctive reliefs (for the seepage to stop and for the Defendant to carry out necessary repairs) and also damages to be assessed (including loss of rental income and cost of repair).

Legal Principles

6. The legal principles are well known. Under Order 19 rule 7 of the Rules of the District Court, judgment in default of defence may be granted based on the facts pleaded in the Statement of Claim only and the Court cannot receive any evidence: Ho Sai Cheong v Honest Gate Co Ltd [2024] HKDC 633 at §7.

7. As to the Plaintiff’s claim for injunctive reliefs, it is well established that the Court has power to grant permanent injunctions in default judgment applications: Ho Sai Cheong at §8.

Analysis

8. According to the various affirmations of service, the Writ was served on the Defendant by insertion into the letterbox. The Statement of Claim was served by ordinary post, and the Summons was served by leaving at the Defenda