LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER

The court found on the evidence a common intention at acquisition that the father, Mr Tse and Madam Lam would share beneficial ownership equally; equity follows the legal title in joint names and plaintiff proved one-third beneficial interest; partition was impracticable (single residential flat) and sale under section 6 of the Partition Ordinance was appropriate, with net proceeds to be divided equally subject to mortgage and adjustments specified.

Citation
LAM FUNG CHING ANNIE v. TSE KWOK WING JACKY AND ANOTHER
Parties
Plaintiff: Madam Lam; 1st Defendant: Mr Tse; 2nd Defendant: Madam Tse
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 December 2015
Case Number
DCMP1129/2012
Procedural Posture
Partition Ordinance (section 6) Application for Sale of Property / Judgment (trial)
Outcome
Judgment for plaintiff. Order for sale of the Property under section 6 of the Partition Ordinance; beneficial ownership declared one-third each for Madam Lam, Mr Tse and Madam Tse (on behalf of the Father).
Legal Topics
Partition and Sale Under Partition Ordinance, Beneficial Ownership of Jointly Registered Property, Joint Tenancy and Severance, Constructive/resulting Trust, Mortgage Contribution and Accounting, Orders for Sale and Distribution of Proceeds
Source Language
EN
Property Law Trusts and Equity Civil Procedure Partition and Sale Under Partition Ordinance Beneficial Ownership of Jointly Registered Property Joint Tenancy and Severance Constructive/resulting Trust Mortgage Contribution and Accounting +1 more

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Parties

Madam Lam

Plaintiff

Mr Tse

1st Defendant

Madam Tse

2nd Defendant

Procedural Posture

Partition Ordinance (section 6) Application for Sale of Property / Judgment (trial)

Legal Issues

  1. 1 What was the common intention as to legal and beneficial ownership at acquisition?
  2. 2 Who are the beneficial owners?
  3. 3 What were the respective contributions to purchase and mortgage?

Ratio Decidendi

The court found on the evidence a common intention at acquisition that the father, Mr Tse and Madam Lam would share beneficial ownership equally; equity follows the legal title in joint names and plaintiff proved one-third beneficial interest; partition was impracticable (single residential flat) and sale under section 6 of the Partition Ordinance was appropriate, with net proceeds to be divided equally subject to mortgage and adjustments specified.

Court Disposition

Judgment for plaintiff. Order for sale of the Property under section 6 of the Partition Ordinance; beneficial ownership declared one-third each for Madam Lam, Mr Tse and Madam Tse (on behalf of the Father).

Orders

  • Updated valuation by agreed surveyor within 14 days
  • Stay of sale for 28 days to allow buyout discussion