GOLDEN BAY INVESTMENT LTD AND ANOTHER v. WALLY TOWER INVESTMENT LTD AND ANOTHER

GOLDEN BAY INVESTMENT LTD AND ANOTHER v. WALLY TOWER INVESTMENT LTD AND ANOTHER

Partition was impracticable for each of the lots but the Court has no power under the Partition Ordinance to order the four distinct properties to be sold as a single lot; accordingly the Court ordered sale by public auction of Nos.26 and 32 Kam Fong Street only, refused orders for sale of Nos.28 and 30, refused to make any order under s6(3) compelling plaintiffs to be bought out, and held that demolition costs paid by the plaintiffs cannot be deducted from sale proceeds.

Citation
GOLDEN BAY INVESTMENT LTD AND ANOTHER v. WALLY TOWER INVESTMENT LTD AND ANOTHER
Parties
1st Plaintiff: GOLDEN BAY INVESTMENT LIMITED; 2nd Plaintiff: GOOD CLIENT LIMITED; 1st Defendant (hcmp554): CHOU HUNG; 2nd Defendant (hcmp554, Hcmp556); 3rd Defendant (hcmp557): INCOME UNION LIMITED; 3rd Defendant (hcmp554): LEI WAI PING; 1st Defendant (hcmp555, Hcmp557): WALLY TOWER INVESTMENT LIMITED; 2nd Defendant (hcmp555): WONG KIN WAH; 1st Defendant (hcmp556): CHEUNG KAM MOON; 3rd Defendant (hcmp556): PEARL EQUITIES DEVELOPMENT LIMITED; 4th Defendant (hcmp556): HO NIM YAU; 5th Defendant (hcmp556): THRIVE STRONG ENTERPRISES LIMITED; 2nd Defendant (hcmp557): CHAN PUI CHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 1992
Case Number
HCMP555/1992
Procedural Posture
Proceedings Under the Partition Ordinance (cap.352) for Order of Sale / Judgment on Applications for Sale Under Section 6 (hearing Concluded; Judgment Delivered)
Outcome
Partial order for sale: Nos.26 and 32 ordered sold by public auction; Nos.28 and 30 sale refused; no order compelling plaintiffs to be bought out under s6(3); demolition charges not deductible from sale proceeds.
Legal Topics
Partition Ordinance, Order for Sale, Partition Vs Sale, Building Authority Demolition/closure Orders, Jurisdiction to Aggregate Properties for Sale
Source Language
EN
Property Law Civil Procedure Statutory Interpretation Partition Ordinance Order for Sale Partition Vs Sale Building Authority Demolition/closure Orders Jurisdiction to Aggregate Properties for Sale

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Parties

GOLDEN BAY INVESTMENT LIMITED

1st Plaintiff

GOOD CLIENT LIMITED

2nd Plaintiff

CHOU HUNG

1st Defendant (hcmp554)

INCOME UNION LIMITED

2nd Defendant (hcmp554, Hcmp556); 3rd Defendant (hcmp557)

LEI WAI PING

3rd Defendant (hcmp554)

WALLY TOWER INVESTMENT LIMITED

1st Defendant (hcmp555, Hcmp557)

WONG KIN WAH

2nd Defendant (hcmp555)

CHEUNG KAM MOON

1st Defendant (hcmp556)

PEARL EQUITIES DEVELOPMENT LIMITED

3rd Defendant (hcmp556)

HO NIM YAU

4th Defendant (hcmp556)

THRIVE STRONG ENTERPRISES LIMITED

5th Defendant (hcmp556)

CHAN PUI CHING

2nd Defendant (hcmp557)

Procedural Posture

Proceedings Under the Partition Ordinance (cap.352) for Order of Sale / Judgment on Applications for Sale Under Section 6 (hearing Concluded; Judgment Delivered)

Legal Issues

  1. 1 Whether the Court has power under the Partition Ordinance to order sale of multiple distinct properties as one lot
  2. 2 Whether partition of each property is impracticable such that a sale order under s6(1) is justified
  3. 3 Whether the Court can compel the applicants to be bought out under s6(3) or to accept valuation

Ratio Decidendi

Partition was impracticable for each of the lots but the Court has no power under the Partition Ordinance to order the four distinct properties to be sold as a single lot; accordingly the Court ordered sale by public auction of Nos.26 and 32 Kam Fong Street only, refused orders for sale of Nos.28 and 30, refused to make any order under s6(3) compelling plaintiffs to be bought out, and held that demolition costs paid by the plaintiffs cannot be deducted from sale proceeds.

Court Disposition

Partial order for sale: Nos.26 and 32 ordered sold by public auction; Nos.28 and 30 sale refused; no order compelling plaintiffs to be bought out under s6(3); demolition charges not deductible from sale proceeds.

Orders

  • Order that No.26 Kam Fong Street be sold by public auction
  • Order that No.32 Kam Fong Street be sold by public auction