FONG KAI PO AND ANOTHER v. YAN YEE WAN

FONG KAI PO AND ANOTHER v. YAN YEE WAN

Partition was impracticable and an order for sale was objectively beneficial given vacancy and continuing high outgoings; accordingly the court ordered sale by private treaty with a minimum price and, failing that, sale by auction with a reserve, directed the priority of payment of proceeds, authorized solicitors to conduct the sale and to execute conveyances in default, and ordered the Defendant to pay the Plaintiffs' costs.

Citation
FONG KAI PO AND ANOTHER v. YAN YEE WAN
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 February 2007
Case Number
DCMP3150/2006
Procedural Posture
Partition Ordinance: Application for Order for Sale / Order for Sale Application Heard and Order Handed Down
Outcome
Order for sale granted under Partition Ordinance; detailed directions for sale, distribution of proceeds and costs ordered against Defendant.
Legal Topics
Partition Ordinance, Order for Sale, Co Ownership (tenants in Common), Costs, Sale by Private Treaty and Public Auction, Authority to Execute Conveyance on Default
Source Language
EN
Property Law Civil Procedure Trusts and Co Ownership Partition Ordinance Order for Sale Co Ownership (tenants in Common) Costs Sale by Private Treaty and Public Auction +1 more

Case Brief

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Partition Ordinance: Application for Order for Sale / Order for Sale Application Heard and Order Handed Down

Legal Issues

  1. 1 Whether partition is practicable
  2. 2 Whether an order for sale should be made under the Partition Ordinance
  3. 3 Appropriate sale mechanism and minimum/reserve prices

Ratio Decidendi

Partition was impracticable and an order for sale was objectively beneficial given vacancy and continuing high outgoings; accordingly the court ordered sale by private treaty with a minimum price and, failing that, sale by auction with a reserve, directed the priority of payment of proceeds, authorized solicitors to conduct the sale and to execute conveyances in default, and ordered the Defendant to pay the Plaintiffs' costs.

Court Disposition

Order for sale granted under Partition Ordinance; detailed directions for sale, distribution of proceeds and costs ordered against Defendant.

Orders

  • Before payment of 1st and 2nd Plaintiffs' shares deduct one-third of cleaning costs already paid by Defendant and pay that sum to Defendant.
  • Conduct of sale committed to Messrs. Tai, Tang & Chong (solicitors for 1st and 2nd Plaintiffs).