CHEUNG LAI LOR v. CHENG TO AND ANOTHER

CHEUNG LAI LOR v. CHENG TO AND ANOTHER

The court refused the application for an order for sale because the defendant asserted that the plaintiff held her registered share on trust for him and the flat was his home with the custody of children, and those asserted equitable rights required resolution before ordering sale; accordingly the court exercised its discretion under the Partition Ordinance to refuse the order on the present application.

Citation
CHEUNG LAI LOR v. CHENG TO AND ANOTHER
Parties
Plaintiff: CHEUNG LAI LOR; 1st Defendant: CHENG TO; 2nd Defendant: THE ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 1981
Case Number
HCMP849/1980
Procedural Posture
Partition Ordinance Order for Sale / Judgment (11 April 1981)
Outcome
Application for order of sale refused.
Legal Topics
Partition, Order for Sale, Beneficial Interest, Constructive/resulting Trust, Divorce and Custody
Source Language
EN
Property Law Trusts Family Law Civil Procedure Partition Order for Sale Beneficial Interest Constructive/resulting Trust +1 more

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Parties

CHEUNG LAI LOR

Plaintiff

CHENG TO

1st Defendant

THE ATTORNEY GENERAL

2nd Defendant

Procedural Posture

Partition Ordinance Order for Sale / Judgment (11 April 1981)

Legal Issues

  1. 1 Whether the court should order sale of the jointly registered flat under the Partition Ordinance
  2. 2 Whether the plaintiff, though registered as joint tenant, holds any beneficial interest or holds her share on trust for the defendant
  3. 3 Whether the court can determine proprietary/beneficial ownership on the present application

Ratio Decidendi

The court refused the application for an order for sale because the defendant asserted that the plaintiff held her registered share on trust for him and the flat was his home with the custody of children, and those asserted equitable rights required resolution before ordering sale; accordingly the court exercised its discretion under the Partition Ordinance to refuse the order on the present application.

Court Disposition

Application for order of sale refused.

Orders

  • Application for sale refused
  • No order as to costs