RE LIU YI FANG

RE LIU YI FANG

The court rejected Poon’s claim to sole beneficial ownership and found beneficial ownership followed legal title (50/50); sale under s6 Partition Ordinance was ordered because Poon failed to demonstrate that sale would not be beneficial to all or that it would cause very great hardship; the trustees' claim for occupation rent was declined on equitable grounds after allowing a reasonable period to consider purchase and sale and having regard to Poon’s circumstances.

Citation
RE LIU YI FANG
Parties
Applicants Joint and Several Trustees in Bankruptcy: Liang Yang Keng and Lau Siu Hung; Respondent Co Owner: Madam Poon Tong; Debtor / Bankrupt: Liu Yi Fang; Creditor (ex Parte): Rich Shine Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2015
Case Number
HCB5613/2013
Procedural Posture
Bankruptcy Application for Sale of Co Owned Property Under Partition Ordinance and Bankruptcy Ordinance / Hearing of Summons; Decision on Application for Order for Sale and Claim for Occupation Rent (order Nisi Granted)
Outcome
Application for sale granted (order nisi); application for occupation rent declined; costs of the application ordered against Poon to be taxed if not agreed.
Legal Topics
Order for Sale Under Partition Ordinance S6, Occupation Rent, Beneficial Ownership of Land, Severance of Joint Tenancy on Bankruptcy, Trustees' Duty to Realise Assets
Source Language
EN
Bankruptcy Property Law Equity Insolvency Order for Sale Under Partition Ordinance S6 Occupation Rent Beneficial Ownership of Land Severance of Joint Tenancy on Bankruptcy +1 more

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Parties

Liang Yang Keng and Lau Siu Hung

Applicants Joint and Several Trustees in Bankruptcy

Madam Poon Tong

Respondent Co Owner

Liu Yi Fang

Debtor / Bankrupt

Rich Shine Investments Limited

Creditor (ex Parte)

Procedural Posture

Bankruptcy Application for Sale of Co Owned Property Under Partition Ordinance and Bankruptcy Ordinance / Hearing of Summons; Decision on Application for Order for Sale and Claim for Occupation Rent (order Nisi Granted)

Legal Issues

  1. 1 Whether the opposing co-owner (Poon) is sole beneficial owner of the property
  2. 2 Whether the court should order sale under s6 Partition Ordinance despite opposition
  3. 3 Whether sale would cause very great hardship to the opposing co-owner

Ratio Decidendi

The court rejected Poon’s claim to sole beneficial ownership and found beneficial ownership followed legal title (50/50); sale under s6 Partition Ordinance was ordered because Poon failed to demonstrate that sale would not be beneficial to all or that it would cause very great hardship; the trustees' claim for occupation rent was declined on equitable grounds after allowing a reasonable period to consider purchase and sale and having regard to Poon’s circumstances.

Court Disposition

Application for sale granted (order nisi); application for occupation rent declined; costs of the application ordered against Poon to be taxed if not agreed.

Orders

  • Order nisi for sale of Flat D, 24/F Tower 1 Euston Court, No 8 Park Road, Hong Kong, pursuant to s6 Partition Ordinance;
  • Application for occupation rent declined;