FORD WORLD DEVELOPMENT LTD v. THE ESTATE OF YAU TUNG ON (aka YAU YIN TSOI) AND ANOTHER

FORD WORLD DEVELOPMENT LTD v. THE ESTATE OF YAU TUNG ON (aka YAU YIN TSOI) AND ANOTHER

Given the plaintiffs' uncontested evidence of impracticability of physical partition, the inability to locate or notify co-owners despite reasonable steps, and the absence of any opposing affidavit, the court granted an order for sale. The court also found the claimed legal costs of HK$754,495 reasonable in all the circumstances and ordered those costs to be paid out of the sale proceeds with conveyancing and enforcement costs capped as proposed.

Citation
[2024] HKDC 772
Parties
Plaintiff: Ford World Development Limited; 1st Defendant: The Estate of Yau Tung On (also known as Yau Yin Tsoi); 2nd Defendant: Yau Cheung Shi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 May 2024
Case Number
DCMP3675/2022
Procedural Posture
Partition (order for Sale) / Hearing and Decision on Originating Summons
Outcome
Order for sale granted; costs summarily assessed and allowed to be paid from sale proceeds
Legal Topics
Partition, Order for Sale, Service and Notice to Absent Parties, Costs Assessment, Practicability of Physical Partition
Source Language
EN
Property Law Civil Procedure Costs Partition Order for Sale Service and Notice to Absent Parties Costs Assessment Practicability of Physical Partition

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Parties

Ford World Development Limited

Plaintiff

The Estate of Yau Tung On (also known as Yau Yin Tsoi)

1st Defendant

Yau Cheung Shi

2nd Defendant

Procedural Posture

Partition (order for Sale) / Hearing and Decision on Originating Summons

Legal Issues

  1. 1 Whether an order for sale of co-owned land should be granted
  2. 2 Whether adequate steps were taken to notify absent co-owners
  3. 3 Whether physical partition was practicable

Ratio Decidendi

Given the plaintiffs' uncontested evidence of impracticability of physical partition, the inability to locate or notify co-owners despite reasonable steps, and the absence of any opposing affidavit, the court granted an order for sale. The court also found the claimed legal costs of HK$754,495 reasonable in all the circumstances and ordered those costs to be paid out of the sale proceeds with conveyancing and enforcement costs capped as proposed.

Court Disposition

Order for sale granted; costs summarily assessed and allowed to be paid from sale proceeds

Orders

  • Order for sale in terms of the revised draft order lodged on 8 April 2024
  • Costs of these proceedings summarily assessed at HK$754,495 and directed to be paid out of the sale proceeds in the manner and priority proposed in the revised draft order