20 Sept 2016
OFFICIAL RECEIVER, the Trustee of the Property of LEUNG MAN YUEN v. LEUNG MAN YUEN AND ANOTHER
- Citation
- OFFICIAL RECEIVER, the Trustee of the Property of LEUNG MAN YUEN v. LEUNG MAN YUEN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCB582/1996
The trustee, having vested title to the bankrupt's undivided share, is a co-owner with Madam Lai; the evidence establishes no rebuttal of the presumption of equal beneficial ownership of the jointly purchased matrimonial home and no binding sale contract existed with the trustee; delay by the trustee, unexplained, did not produce sufficient prejudice or exceptional circumstances to refuse sale; therefore declaration of tenancy in common in equal shares is granted and an order for sale under the Partition Ordinance is made with vacant possession and ancillary directions.