10 Feb 2021
EARN BENEFIT LTD v. TAM CHUEN ON RAYMOND AND ANOTHER
- Citation
- [2021] HKCFI 315
- Court
- Court of First Instance
- Case number
- HCMP108/2020
The Intended 2nd Defendant must be joined because it holds a legal charge over 50% of the property, has initiated foreclosure and may take possession on default, and its presence is necessary and desirable to determine critical issues including sale method, reserve price and the impact of redevelopment potential (given the Plaintiff's >80% holding). Accordingly the originating summons for sale is premature and must be adjourned to allow the Intended 2nd Defendant to adduce evidence and be heard.