CHAN WAH SHING AND ANOTHER v. CHAN PING AND ANOTHER

CHAN WAH SHING AND ANOTHER v. CHAN PING AND ANOTHER

The court concluded that the property assets should be sold and proceeds distributed among the brothers in accordance with the agreed mechanics where those existed or otherwise under s6 of the Partition Ordinance; undisputed payments made by the plaintiffs are to be reimbursed, but entitlement to interest and whether payments were made of necessity required assessment and the unresolved issue of reserve price for auction must be fixed by valuation or further court direction if the parties cannot agree.

Citation
CHAN WAH SHING AND ANOTHER v. CHAN PING AND ANOTHER
Parties
1st Plaintiff: CHAN WAH SHING; 2nd Plaintiff: CHAN WAH CHOI; 1st Defendant: CHAN PING; 2nd Defendant: LEE LAI CHU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 August 2017
Case Number
HCA2354/2014
Procedural Posture
Partition/property Dispute / Judgment (court of First Instance)
Outcome
Order for sale of the property assets to proceed under the parties' agreement where available or under Partition Ordinance s6; undisputed payments by plaintiffs to be reimbursed; unresolved reserve price to be fixed by valuation or court direction; parties to lodge consent order for agreed mechanics.
Legal Topics
Order for Sale, Partition Ordinance S6, Liquidation and Distribution of Business Assets, Reimbursement of Expenses, Auction Reserve Price
Source Language
EN
Property Law Family Law Civil Procedure Equity Order for Sale Partition Ordinance S6 Liquidation and Distribution of Business Assets Reimbursement of Expenses +1 more

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Parties

CHAN WAH SHING

1st Plaintiff

CHAN WAH CHOI

2nd Plaintiff

CHAN PING

1st Defendant

LEE LAI CHU

2nd Defendant

Procedural Posture

Partition/property Dispute / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the court should order sale of property assets under an agreement or pursuant to Partition Ordinance s6
  2. 2 How sale proceeds should be distributed after payment of debts and outgoings
  3. 3 Whether plaintiffs are entitled to reimbursement and interest for costs they paid from their own funds

Ratio Decidendi

The court concluded that the property assets should be sold and proceeds distributed among the brothers in accordance with the agreed mechanics where those existed or otherwise under s6 of the Partition Ordinance; undisputed payments made by the plaintiffs are to be reimbursed, but entitlement to interest and whether payments were made of necessity required assessment and the unresolved issue of reserve price for auction must be fixed by valuation or further court direction if the parties cannot agree.

Court Disposition

Order for sale of the property assets to proceed under the parties' agreement where available or under Partition Ordinance s6; undisputed payments by plaintiffs to be reimbursed; unresolved reserve price to be fixed by valuation or court direction; parties to lodge consent order for agreed mechanics.

Orders

  • Parties are to prepare, agree and lodge a consent order reflecting the substantial agreements reached for court approval.
  • Property assets to be sold and net proceeds distributed between the brothers after discharge of government rent, rates and other outgoings and payment of legal and valuation fees.