11 Jul 2023
AMERICAN WILSON FINANCE LTD v. CHING YONG ANDY AND ANOTHER
- Citation
- [2023] HKCFI 1786
- Court
- Court of First Instance
- Case number
- HCMP742/2022
The plaintiff, as assignee of the loans and registered mortgages, was entitled to monetary judgment against the 1st defendant for the outstanding indebtedness; the 1st defendant's mortgage of his share severed the joint tenancy making the plaintiff a person interested in the Property; partition was impracticable and not beneficial, and absent any evidence of hardship from the defendants the Court should order possession and sale of the Property under the Partition Ordinance and the Rules of the High Court.