鄭琼光及另一人 對 馮瑩芝

鄭琼光及另一人 對 馮瑩芝

Partition was impracticable for the single residential unit; defendant failed to prove that sale would produce very great hardship or that reasonable alternative remedies existed; therefore the court ordered sale under s6, declared defendant's 55% interest subject to the 2011 HSBC mortgage, directed delivery of...

Source-derived case information.

Citation
[2025] HKDC 1885
Parties
1st Plaintiff: CHENG KING KONG; 2nd Plaintiff: KO CHOI KAM; Defendant: FUNG YING CHI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 November 2025
Case Number
DCMP6569/2024
Procedural Posture
Partition Application Under Partition Ordinance (s6) With Related Family Law Connection / Hearing at Regional Court; Judgment on Originating Summonses
Outcome
Defendant's summons dismissed; Plaintiffs' originating summons granted in full (orders for declaration, sale, delivery, conveyance, distribution of proceeds and costs as specified).
Legal Topics
Sale Under Partition Ordinance S6, Co Ownership and Partition, Mortgage Priority, Transfer/venue to Family Court, Costs Order
Source Language
ch
Property Law Family Law Civil Procedure Equity Sale Under Partition Ordinance S6 Co Ownership and Partition Mortgage Priority Transfer/venue to Family Court +1 more

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Parties

CHENG KING KONG

1st Plaintiff

KO CHOI KAM

2nd Plaintiff

FUNG YING CHI

Defendant

Procedural Posture

Partition Application Under Partition Ordinance (s6) With Related Family Law Connection / Hearing at Regional Court; Judgment on Originating Summonses

Legal Issues

  1. 1 Whether the court should order sale of co-owned property under Partition Ordinance s6
  2. 2 Whether an order for sale would cause 'very great hardship' to the defendant
  3. 3 Whether reasonable alternative remedies exist that make sale inappropriate

Ratio Decidendi

Partition was impracticable for the single residential unit; defendant failed to prove that sale would produce very great hardship or that reasonable alternative remedies existed; therefore the court ordered sale under s6, declared defendant's 55% interest subject to the 2011 HSBC mortgage, directed delivery of vacant possession and conveyance, and prescribed the order for application of sale proceeds and costs assessment.

Court Disposition

Defendant's summons dismissed; Plaintiffs' originating summons granted in full (orders for declaration, sale, delivery, conveyance, distribution of proceeds and costs as specified).

Orders

  • Declaration that Defendant's 55% legal and beneficial interest in the Property is subject to the Mortgage dated 10 November 2011 in favour of The Hongkong and Shanghai Banking Corporation Limited (Memorial No: 11120201640089)
  • The Property be sold under section 6 of the Partition Ordinance (Cap 352)