OFFICIAL RECEIVER, the Trustee of the Property of WONG KWOK KEUNG (a Discharged Bankrupt) v. WONG KWOK KEUNG

OFFICIAL RECEIVER, the Trustee of the Property of WONG KWOK KEUNG (a Discharged Bankrupt) v. WONG KWOK KEUNG

The court granted the trustee's application for an order for sale because the law permits sale without unanimous co-owner consent, the respondents did not establish that refusal would better serve all co-owners or that a sale would cause very great hardship, and issues of equitable accounting are to be resolved on distribution rather than by blocking sale.

Citation
OFFICIAL RECEIVER, the Trustee of the Property of WONG KWOK KEUNG (a Discharged Bankrupt) v. WONG KWOK KEUNG
Parties
Applicant Trustee: Official Receiver, Trustee of the Property of Wong Kwok Keung; 1st Respondent Discharged Bankrupt: Wong Kwok Keung; 2nd Respondent Co Owner and Spouse: Fong Yuk Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2015
Case Number
HCB4672/2001
Procedural Posture
Bankruptcy Order for Sale/partition / Decision
Outcome
Order for sale granted
Legal Topics
Order for Sale, Partition, Co Ownership, Equitable Accounting, Home Ownership Scheme, Trustee Powers
Source Language
EN
Bankruptcy Property Equity Housing Law Civil Procedure Order for Sale Partition Co Ownership +3 more

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Parties

Official Receiver, Trustee of the Property of Wong Kwok Keung

Applicant Trustee

Wong Kwok Keung

1st Respondent Discharged Bankrupt

Fong Yuk Ying

2nd Respondent Co Owner and Spouse

Procedural Posture

Bankruptcy Order for Sale/partition / Decision

Legal Issues

  1. 1 Whether trustee may obtain court order for sale of co-owned property purchased under Home Ownership Scheme
  2. 2 Whether co-owner's consent is required to order sale
  3. 3 Whether unequal contributions by co-owners amount to ground to resist sale

Ratio Decidendi

The court granted the trustee's application for an order for sale because the law permits sale without unanimous co-owner consent, the respondents did not establish that refusal would better serve all co-owners or that a sale would cause very great hardship, and issues of equitable accounting are to be resolved on distribution rather than by blocking sale.

Court Disposition

Order for sale granted

Orders

  • Order for sale in terms of the draft attached to the trustee's skeleton submission
  • Vacant possession to be given by the respondents within 3 months of the order