13 Feb 2018
Partition was impracticable for a small flat; plaintiff proved no other remedy; defendant failed to discharge the burden of proving that sale would cause him very great hardship; accordingly an order for sale under s6 of the Partition Ordinance was appropriate.
27 Jun 2016
The court found on the evidence (payments traced to Madam Yiu and consistent admissions by Mr Tsang) that Madam Yiu alone paid for the purchase and discharged the onus to show a contrary intention to equal beneficial ownership; consequently Mr Tsang has no beneficial interest and the Trustees' application for sale is dismissed; alternatively, even if he had a beneficial share, the court would refuse sale because sale would cause very great hardship to Madam Yiu.
6 Mar 2000
The court refused the order for sale because making the sale would cause very grave hardship to the defendant and would not materially benefit the plaintiff; maintaining the status quo as co-owners better served the parties' interests under the facts before the court.