12 May 2025
SMART TEAM FINANCE LTD v. 范小兰 AND ANOTHER
- Citation
- [2025] HKDC 774
- Court
- District Court
- Case number
- DCMP6297/2024
The plaintiff, as legal mortgagee of the 1st defendant's half share, is a person interested under the Partition Ordinance and has locus standi to apply for sale; partition was impracticable or would substantially devalue the property and the defendants did not object, therefore the court exercised its discretion to order sale of the whole property, appoint the plaintiff's solicitors' partner as trustee under PO s7 to receive proceeds, and allow enforcement despite a clerical non-compliance under MLO s18 by exercising s18(3) discretion; indemnity costs were awarded against the 1st defendant bu…