RE NG TZE CHING

RE NG TZE CHING

An order for sale was granted because partition was impracticable, the trustees lawfully held the bankrupt's 1/2 share and sought to realise it for creditors, and the respondent failed to prove the exceptional threshold of 'very great hardship' required to resist sale in the bankruptcy context (court endorsing Re Citro approach).

Citation
RE NG TZE CHING
Parties
Applicants / Trustees: Joint and Several Trustees of the property of the bankrupt; Respondent (co Owner): Ma Lan Hing; Bankrupt / Interested Party: Ng Tze Ching
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2014
Case Number
HCB5883/2006
Procedural Posture
Bankruptcy / Application for Sale of Co Owned Property / Application for Order for Sale Under Bankruptcy Ordinance and Partition Ordinance (heard in Chambers)
Outcome
Order for sale granted pursuant to Partition Ordinance s6 and Bankruptcy Ordinance principles; trustees authorised to proceed subject to specified modifications to the proposed summons terms.
Legal Topics
Order for Sale, Partition, Tenancy in Common, Hardship Objection, Realisation of Assets, Home Ownership Scheme Restrictions, Discharge of Bankrupt
Source Language
EN
Bankruptcy Property Insolvency Equity Family Law Order for Sale Partition Tenancy in Common +4 more

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Parties

Joint and Several Trustees of the property of the bankrupt

Applicants / Trustees

Ma Lan Hing

Respondent (co Owner)

Ng Tze Ching

Bankrupt / Interested Party

Procedural Posture

Bankruptcy / Application for Sale of Co Owned Property / Application for Order for Sale Under Bankruptcy Ordinance and Partition Ordinance (heard in Chambers)

Legal Issues

  1. 1 Whether the court should order sale of the HOS residential unit vested in the trustees of the bankrupt to realise the bankrupt's interest for creditors
  2. 2 Whether the respondent spouse has established 'very great hardship' sufficient to resist an order for sale
  3. 3 Effect of bankruptcy and automatic discharge on trustees' powers and on co-ownership

Ratio Decidendi

An order for sale was granted because partition was impracticable, the trustees lawfully held the bankrupt's 1/2 share and sought to realise it for creditors, and the respondent failed to prove the exceptional threshold of 'very great hardship' required to resist sale in the bankruptcy context (court endorsing Re Citro approach).

Court Disposition

Order for sale granted pursuant to Partition Ordinance s6 and Bankruptcy Ordinance principles; trustees authorised to proceed subject to specified modifications to the proposed summons terms.

Orders

  • Order for sale granted in terms of the Summons dated 9 November 2012 subject to modifications
  • In paragraph (2) the words following "(Cap. 4A)" are deleted