CHUNG CHI CHEUNG v. CHUNG KWAN WA

CHUNG CHI CHEUNG v. CHUNG KWAN WA

Applying the established principles, the court found partition appropriate because the proposed division yields two approximately equal parcels with no access or easement issues, partition better achieves the plaintiff's objective of building a small house, and an order for sale would not be beneficial to the plaintiff; accordingly a partition order was made but suspended to allow any objection from the Director of Lands within 28 days.

Citation
CHUNG CHI CHEUNG v. CHUNG KWAN WA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 2016
Case Number
HCMP1478/2016
Procedural Posture
Partition Application Under Partition Ordinance (cap 352) / Judgment on Originating Summons (court of First Instance)
Outcome
Partition order granted subject to possible objection by the Director of Lands within 28 days
Legal Topics
Partition, Substituted Service, Order for Sale Vs Partition, Director of Lands Objections
Source Language
EN
Property Land Law Civil Procedure Partition Substituted Service Order for Sale Vs Partition Director of Lands Objections

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Procedural Posture

Partition Application Under Partition Ordinance (cap 352) / Judgment on Originating Summons (court of First Instance)

Legal Issues

  1. 1 Whether an order for partition of Lot No 156 should be made
  2. 2 Whether substituted service by advertisement was sufficient
  3. 3 Whether an order for sale should be made instead of partition

Ratio Decidendi

Applying the established principles, the court found partition appropriate because the proposed division yields two approximately equal parcels with no access or easement issues, partition better achieves the plaintiff's objective of building a small house, and an order for sale would not be beneficial to the plaintiff; accordingly a partition order was made but suspended to allow any objection from the Director of Lands within 28 days.

Court Disposition

Partition order granted subject to possible objection by the Director of Lands within 28 days

Orders

  • Order for partition of Lot No 156 in Demarcation District No 18, Ping Long, Tai Po, New Territories into Section A and the remaining portion
  • Order that the partition shall not take effect if, within 28 days of the date of the order, the Director of Lands files any objection; if so, the matter is to be restored for further directions