WONG ARLENE BEI LING AND OTHERS v. PAO ZEN KWOK PETER AND OTHERS

WONG ARLENE BEI LING AND OTHERS v. PAO ZEN KWOK PETER AND OTHERS

Court ordered sale by public tender only because a follow-on private tender allowing a co-owner to outbid (referential bid) would frustrate competitive bidding and likely reduce the price obtainable; appointed JLL as estate agent (0.35% fee) with specified marketing spend and valuation mechanism (mean of JLL and Knight Frank valuations as reserve price); set terms for viewing, deposit, successive reserve reductions, vacant possession 28 days before completion, distribution proportions and costs to be paid from proceeds.

Citation
[2021] HKCFI 3904
Parties
1st Plaintiff: WONG ARLENE BEI LING; 2nd Plaintiff: PAO LUN KWOK RAYMOND; 3rd Plaintiff: LAU YUK KUEN (administratrix of the estate of PAO TING SHOU FUN, deceased); 1st Defendant: PAO ZEN KWOK PETER; 2nd Defendant: PAO WAY KWOK DERICK; 3rd Defendant: PAO GEORGE JEI-KWOK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2021
Case Number
HCMP1406/2018
Procedural Posture
Application Under Section 6 Partition Ordinance for Order for Sale / Judgment (substantive Hearing)
Outcome
Order for sale by public tender only with detailed ancillary directions as per schedule
Legal Topics
Partition, Order for Sale, Mode of Sale, Tender Process, Estate Agent Appointment, Reserve Price Determination, Vacant Possession, Costs
Source Language
EN
Property Trusts and Estates Civil Procedure Partition Order for Sale Mode of Sale Tender Process Estate Agent Appointment +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

WONG ARLENE BEI LING

1st Plaintiff

PAO LUN KWOK RAYMOND

2nd Plaintiff

LAU YUK KUEN (administratrix of the estate of PAO TING SHOU FUN, deceased)

3rd Plaintiff

PAO ZEN KWOK PETER

1st Defendant

PAO WAY KWOK DERICK

2nd Defendant

PAO GEORGE JEI-KWOK

3rd Defendant

Procedural Posture

Application Under Section 6 Partition Ordinance for Order for Sale / Judgment (substantive Hearing)

Legal Issues

  1. 1 Whether the property should be sold or partitioned
  2. 2 Proper mode of sale (public tender only v public followed by private tender)
  3. 3 Whether referential bids are permissible

Ratio Decidendi

Court ordered sale by public tender only because a follow-on private tender allowing a co-owner to outbid (referential bid) would frustrate competitive bidding and likely reduce the price obtainable; appointed JLL as estate agent (0.35% fee) with specified marketing spend and valuation mechanism (mean of JLL and Knight Frank valuations as reserve price); set terms for viewing, deposit, successive reserve reductions, vacant possession 28 days before completion, distribution proportions and costs to be paid from proceeds.

Court Disposition

Order for sale by public tender only with detailed ancillary directions as per schedule

Orders

  • Property to be sold by public tender only
  • Jones Lang LaSalle (JLL) appointed as estate agent for initial 6 months at fee of 0.35% of final price and to spend at least HK$147,200 on marketing to be borne by JLL