20 Apr 2022
CHAN KAI MAN v. WONG KA WAI CAROL
- Citation
- [2022] HKDC 341
- Court
- District Court
- Case number
- DCMP4019/2020
The court granted the plaintiff's application for sale under s.6 PO because partition was impracticable, the consent order and its annexed draft constituted admissions that each party holds 50% beneficial interest thereby creating an issue estoppel against the defendant's claim of sole ownership, and the defendant failed to prove "very great hardship"; accordingly an order for sale with specific directions (vacant possession within 56 days, sale prices, sale procedures and prioritisation of proceeds) was made and the defendant's summons to convert proceedings and counterclaim were dismissed.