CHAN SIU YUK v. TSOI HUNG WAN

CHAN SIU YUK v. TSOI HUNG WAN

Partition was impracticable; plaintiff entitled to have co-ownership terminated by sale under s6; defendant failed to demonstrate that sale would cause very great hardship or that the undated letter extinguished plaintiff's beneficial interest; therefore an order for sale is appropriate, with the executrix given first option to purchase and specified amendments to the originating summons.

Citation
CHAN SIU YUK v. TSOI HUNG WAN
Parties
Plaintiff: Chan Siu Yuk; Defendant, Executrix of the Estate of Pang Wood Min Ricky (deceased): Tsoi Hung Wan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 October 2013
Case Number
DCMP178/2013
Procedural Posture
Application for Sale Under Partition Ordinance (cap.352) / District Court Judgment on Originating Summons
Outcome
Order for sale of the flat pursuant to section 6 of the Partition Ordinance; application granted with modifications.
Legal Topics
Partition, Order for Sale Under Section 6, Severance of Joint Tenancy, Executrix Capacity, Home Ownership Scheme Premises
Source Language
EN
Property Law Probate Civil Procedure Family Law Partition Order for Sale Under Section 6 Severance of Joint Tenancy Executrix Capacity +1 more

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Parties

Chan Siu Yuk

Plaintiff

Tsoi Hung Wan

Defendant, Executrix of the Estate of Pang Wood Min Ricky (deceased)

Procedural Posture

Application for Sale Under Partition Ordinance (cap.352) / District Court Judgment on Originating Summons

Legal Issues

  1. 1 Whether the court should order sale of the flat under section 6 of the Partition Ordinance
  2. 2 Whether partition is practicable
  3. 3 Whether sale would cause very great hardship to the defendant/executrix and her family

Ratio Decidendi

Partition was impracticable; plaintiff entitled to have co-ownership terminated by sale under s6; defendant failed to demonstrate that sale would cause very great hardship or that the undated letter extinguished plaintiff's beneficial interest; therefore an order for sale is appropriate, with the executrix given first option to purchase and specified amendments to the originating summons.

Court Disposition

Order for sale of the flat pursuant to section 6 of the Partition Ordinance; application granted with modifications.

Orders

  • Order for sale of the flat (Flat 7, 12th floor Block C, Siu Hong Court) pursuant to s6 Partition Ordinance
  • Phrase 'on a first come first serve basis' deleted from paragraph 1(b) of the originating summons