RE CHOW CHUNG KWAN

RE CHOW CHUNG KWAN

The court found insufficient evidence to displace the presumption that Chow and Leung were equal beneficial owners; Leung failed to prove Chow was a mere nominee or that beneficial ownership belonged solely to her. The trustees lawfully held Chow's half interest and, applying the Partition Ordinance and relevant authorities, the court was not satisfied there was such great hardship to Chow or Leung as to refuse a sale. Therefore an order for sale was granted and the trustees were directed to realise the property in accordance with their duties.

Citation
RE CHOW CHUNG KWAN
Parties
Trustee/applicant: Wah Walter; Trustee/applicant: Chick Tsz Kwan; Bankrupt/respondent: Chow Chung Kwan; Co Owner/respondent: Leung Lai Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2015
Case Number
HCB2942/2005
Procedural Posture
Bankruptcy; Application for Order for Sale Under the Partition Ordinance / Hearing on Summons and Decision in Chambers (decision Handed Down)
Outcome
Order for sale granted
Legal Topics
Order for Sale, Partition, Beneficial Ownership, Constructive Trust, Hardship, Trustees' Duties, Valuation
Source Language
EN
Bankruptcy Property Trusts Family Law Civil Procedure Order for Sale Partition Beneficial Ownership +4 more

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Parties

Wah Walter

Trustee/applicant

Chick Tsz Kwan

Trustee/applicant

Chow Chung Kwan

Bankrupt/respondent

Leung Lai Ping

Co Owner/respondent

Procedural Posture

Bankruptcy; Application for Order for Sale Under the Partition Ordinance / Hearing on Summons and Decision in Chambers (decision Handed Down)

Legal Issues

  1. 1 Whether the bankrupt (Chow) held a beneficial interest in the property or was a mere trustee for Leung
  2. 2 If Chow held a beneficial interest, whether the court should refuse an order for sale on grounds of hardship to Chow and/or Leung

Ratio Decidendi

The court found insufficient evidence to displace the presumption that Chow and Leung were equal beneficial owners; Leung failed to prove Chow was a mere nominee or that beneficial ownership belonged solely to her. The trustees lawfully held Chow's half interest and, applying the Partition Ordinance and relevant authorities, the court was not satisfied there was such great hardship to Chow or Leung as to refuse a sale. Therefore an order for sale was granted and the trustees were directed to realise the property in accordance with their duties.

Court Disposition

Order for sale granted

Orders

  • Order for sale of Flat No.15 on 23rd Floor of Block 3 (Yee Wai House), Tsing Yi Estate, No.10 Fung Shue Wo Road, Tsing Yi, New Territories
  • Trustees to proceed to sell the Property and to set reserve price having regard to Allied Surveyors' latest valuation reports