Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Co-ownership and demolition costs
  • 26 Sept 1992

    GOLDEN BAY INVESTMENT LTD v. CHOU HUNG AND OTHERS

    Citation
    GOLDEN BAY INVESTMENT LTD v. CHOU HUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP554/1992

    The Court held it had no jurisdiction under the Ordinance to order the four separately titled properties to be sold as a single merged lot because the statute contemplates sale of identifiable property and statutory provisions (s.6(4),(5)) and distribution of proceeds require the property to be identifiable; partition would be impracticable for each small lot so sale is appropriate for individual lots but the Court must consider individual co-owners' circumstances and fairness, therefore ordered sale by public auction of Nos. 26 and 32 Kam Fong Street only, refused sale for Nos. 28 and 30, de…