TSANG KWOK WAI AND ANOTHER v. TSANG KAM WAH AND ANOTHER

TSANG KWOK WAI AND ANOTHER v. TSANG KAM WAH AND ANOTHER

The court granted the Defendants' application in part: it varied the 2003 order to permit sale of the Property as a whole with the ground floor on an "as is" basis, approved Y.S. Lau & Partners to have carriage of the sale with a reserve price of HK$8,900,000 and auctioneer fee at 1%, directed payment of purchase...

Source-derived case information.

Citation
[2025] HKCFI 4988
Parties
1st Plaintiff: Tsang Kwok Wai; 2nd Plaintiff: Tsang Kwok Fung; 1st Defendant: Tsang Kam Wah; 2nd Defendant: Tsang Man King
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2025
Case Number
HCA2772/2001
Procedural Posture
Partition Action (partition Ordinance) / Summons for Directions for Sale Pursuant to Existing 2003 Order for Sale
Outcome
Summons granted in part; 2003 order for sale varied as set out and costs awarded against the Plaintiffs
Legal Topics
Partition Sale, Service of Process, Reserve Price Variation, Appointment of Solicitor to Conduct Sale, Application of Sale Proceeds, Costs Assessment, S.25 a High Court Ordinance
Source Language
en
Property Civil Procedure Equity Partition Sale Service of Process Reserve Price Variation Appointment of Solicitor to Conduct Sale Application of Sale Proceeds +2 more

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Parties

Tsang Kwok Wai

1st Plaintiff

Tsang Kwok Fung

2nd Plaintiff

Tsang Kam Wah

1st Defendant

Tsang Man King

2nd Defendant

Procedural Posture

Partition Action (partition Ordinance) / Summons for Directions for Sale Pursuant to Existing 2003 Order for Sale

Legal Issues

  1. 1 Whether the 2003 order for sale should be varied to alter manner of sale and reserve price
  2. 2 Whether service on the Plaintiffs was valid and whether the Summons could be determined in their absence
  3. 3 Whether to authorize YSLP to have carriage of sale and receive purchase monies and set priorities for distribution

Ratio Decidendi

The court granted the Defendants' application in part: it varied the 2003 order to permit sale of the Property as a whole with the ground floor on an "as is" basis, approved Y.S. Lau & Partners to have carriage of the sale with a reserve price of HK$8,900,000 and auctioneer fee at 1%, directed payment of purchase monies to YSLP with a specified priority of application including discharge of DLA charges out of the Plaintiffs' shares only, required the parties to execute conveyancing documents within 14 days of a written request served by posting to the Ming Tak address and telephone messages, declined to grant a pre‑emptive s.25A authorization and ordered the Plaintiffs to pay 80% of the...

Court Disposition

Summons granted in part; 2003 order for sale varied as set out and costs awarded against the Plaintiffs

Orders

  • The 1st and 2nd Plaintiffs and the 1st and 2nd Defendants shall, within 14 days of posting of any written request by Y.S. Lau & Partners, sign and execute all necessary documents to effect the sale, such written request to be posted to the Ming Tak address and by telephone messages to the Plaintiffs' last known...
  • Declined to authorize at this stage any pre‑emptive power under s.25A High Court Ordinance to sign on behalf of the Plaintiffs; such relief may be sought by a proper s.25A application after non‑compliance (Pang Man Ming v Pang Wan Li Yan [2020])