WONG KEITH KEI v. CHIU KAM SHING

WONG KEITH KEI v. CHIU KAM SHING

Partition of a self-contained flat was impracticable and co-ownership had irretrievably broken down; the Defendant's asserted hardship was insufficient given investment purpose, income and market value; accordingly an order for sale under s6 was justified and should be made, with costs to the Plaintiff.

Citation
WONG KEITH KEI v. CHIU KAM SHING
Parties
Applicant/co Owner: Plaintiff; Respondent/co Owner: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 August 2008
Case Number
DCMP49/2008
Procedural Posture
Partition Application Under Partition Ordinance (s6) / Decision on Originating Summons (district Court)
Outcome
Order for sale of the Premises granted under s6 Partition Ordinance; order nisi made absolute in 14 days; costs awarded to Plaintiff.
Legal Topics
Partition, Order for Sale, Tenants in Common, Costs, Hardship
Source Language
EN
Property Law Civil Procedure Equity Partition Order for Sale Tenants in Common Costs Hardship

Case Brief

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Parties

Plaintiff

Applicant/co Owner

Defendant

Respondent/co Owner

Procedural Posture

Partition Application Under Partition Ordinance (s6) / Decision on Originating Summons (district Court)

Legal Issues

  1. 1 Whether an order for sale should be made under s6 of the Partition Ordinance
  2. 2 Whether physical partition is practicable or beneficial
  3. 3 Whether making an order for sale would cause undue hardship to a co-owner

Ratio Decidendi

Partition of a self-contained flat was impracticable and co-ownership had irretrievably broken down; the Defendant's asserted hardship was insufficient given investment purpose, income and market value; accordingly an order for sale under s6 was justified and should be made, with costs to the Plaintiff.

Court Disposition

Order for sale of the Premises granted under s6 Partition Ordinance; order nisi made absolute in 14 days; costs awarded to Plaintiff.

Orders

  • Order for sale of Flat H, 33rd Floor, Tower 15, No. 88 O King Road, Tseung Kwan O, Sai Kung, New Territories in terms of revised draft order WKK 14.
  • Order nisi to be made absolute in 14 days.