6 Jan 2005
WONG CHUN KEI JOHNNY AND OTHERS v. POON VAI CHING AND OTHERS
- Citation
- WONG CHUN KEI JOHNNY AND OTHERS v. POON VAI CHING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP4322/2002
Although sale would produce higher pecuniary returns for plaintiffs, the court must balance pecuniary benefit against objective detriment to co-owners; where co-owners can unshackle themselves by individual alienation and where forced sale would cause very great hardship (notably eviction of occupying owners with no other home), the court should exercise s2(c) power to refuse to make any order. On these facts the hardship to occupying defendants outweighed the pecuniary advantage to plaintiffs, so the summons was dismissed and no order for sale made.