21 Oct 2024
The 2022 consent order was conditional on the Defendant completing the buy-out; the Defendant failed to comply with that condition; therefore the court retained jurisdiction to set aside the consent order, set it aside and order the Property sold under the Partition Ordinance with incidental directions, order an account of rents and award costs to the Plaintiff.
27 Oct 2022
Partition was impracticable for an undivided interest in a single unit, the defendant consented to sale and to the proposed price terms, and therefore the court ordered sale under s6 of the Partition Ordinance together with directions for vacant possession, conduct of sale, pricing, distribution of proceeds and an account of rents since 6 May 2016; the defendant’s claim for renovation expenses must be pursued separately.
9 Nov 2012
The court exercised its discretionary power under Order 19 r7 to refuse a unconditional declaration based solely on the pleading where registry evidence contradicted the pleaded facts, but granted limited equitable relief based on the Variation Agreement: an order for sale with vacant possession, inquiries into post-variation incumbrances and sale proceeds of the Australia property, an accounting from 1 July 2005, distribution mechanics and ancillary powers (including execution under s25A High Court Ordinance) and costs to the plaintiff.