RE TONG SIU WING

RE TONG SIU WING

Where a co-owner cannot be found or contacted, the court will grant an order for sale and protect the absent co-owner's interest by directing that his share of the net proceeds be paid into court; absence of the co-owner does not bar the sale when the other parties do not contest the application and the trustees seek that protective measure.

Citation
RE TONG SIU WING
Parties
Applicant / Trustees: Joint and Several Trustees of the property of the Bankrupt; Bankrupt: Tong Siu Wing; Respondent / Co Owner: 1st Respondent (co-owner); Respondent / Co Owner: 2nd Respondent (co-owner - absent)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2017
Case Number
HCB2317/2009
Procedural Posture
Application for Order for Sale Under Partition Ordinance in Bankruptcy Proceedings / Hearing and Decision in Chambers
Outcome
Application granted with amendments
Legal Topics
Order for Sale, Partition Ordinance S6, Bankruptcy Ordinance S60, Trustee Ordinance S62, Absent Co Owner Payment Into Court
Source Language
EN
Bankruptcy Property Civil Procedure Order for Sale Partition Ordinance S6 Bankruptcy Ordinance S60 Trustee Ordinance S62 Absent Co Owner Payment Into Court

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Parties

Joint and Several Trustees of the property of the Bankrupt

Applicant / Trustees

Tong Siu Wing

Bankrupt

1st Respondent (co-owner)

Respondent / Co Owner

2nd Respondent (co-owner - absent)

Respondent / Co Owner

Procedural Posture

Application for Order for Sale Under Partition Ordinance in Bankruptcy Proceedings / Hearing and Decision in Chambers

Legal Issues

  1. 1 Whether the court should order sale of co-owned property where one co-owner cannot be located
  2. 2 Whether the absent co-owner's share should be paid into court to protect his interest

Ratio Decidendi

Where a co-owner cannot be found or contacted, the court will grant an order for sale and protect the absent co-owner's interest by directing that his share of the net proceeds be paid into court; absence of the co-owner does not bar the sale when the other parties do not contest the application and the trustees seek that protective measure.

Court Disposition

Application granted with amendments

Orders

  • Order for sale granted as sought in the draft order with amendments
  • Share of the absent 2nd co-owner of the net proceeds of sale to be paid into court to protect his interest