RE INLAND LOT NO. 476

RE INLAND LOT NO. 476

Partition was impracticable and the defendant failed to discharge the burden of proving that a sale would not be beneficial to all owners or would cause very great hardship; given sustained lack of cooperation and unreliable competing valuations, the court exercised its discretion to order sale with specified sale methods and reserve prices, and awarded costs to the plaintiff.

Citation
RE INLAND LOT NO. 476
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 2010
Case Number
HCMP1273/2009
Procedural Posture
Application for Sale Under Partition Ordinance (cap.352) / Judgment
Outcome
Order for sale granted
Legal Topics
Partition, Order for Sale, Tenants in Common, Valuation, Costs
Source Language
EN
Property Law Civil Procedure Partition Order for Sale Tenants in Common Valuation Costs

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Sale Under Partition Ordinance (cap.352) / Judgment

Legal Issues

  1. 1 Whether partition is practicable and beneficial to co-owners
  2. 2 Whether the Court should exercise its discretion to order a sale under s6 Partition Ordinance
  3. 3 Whether the defendant established that a sale would not be beneficial or would cause very great hardship

Ratio Decidendi

Partition was impracticable and the defendant failed to discharge the burden of proving that a sale would not be beneficial to all owners or would cause very great hardship; given sustained lack of cooperation and unreliable competing valuations, the court exercised its discretion to order sale with specified sale methods and reserve prices, and awarded costs to the plaintiff.

Court Disposition

Order for sale granted

Orders

  • Sale to proceed first by private tender with reserve price HK$62,000,000
  • If private tender fails, second sale by public auction with reserve price HK$60,000,000