Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 88 possession and sale

Legal area

Court

22 Jan 2024

KONEW CAPITAL INTERNATIONAL LTD v. WONG CHIU KING AND ANOTHER

Citation

[2024] HKDC 135
Court

District Court
Case number

DCMP455/2023

Plaintiff satisfied statutory and contractual requirements for a money judgment and for enforcement of the Second Mortgage; partition of the small residential flat is impractical, no evidence of very great hardship to co-owners exists, therefore an order for sale under the Partition Ordinance should be made; costs awarded to plaintiff against the 1st defendant on an indemnity basis per mortgage clause but refused against the 2nd defendant.
9 Jan 2024

DRAGON RISE FINANCE LTD v. CHEN DIHAN AND ANOTHER

Citation

[2024] HKDC 91
Court

District Court
Case number

DCMP4918/2023

The court found the Money Lenders Ordinance formalities satisfied and that the 1st defendant had defaulted; accordingly a money judgment under Order 83A was appropriate, the mortgage was enforceable entitling the plaintiff to possession under Order 88, and because the Property (a single residential flat of about 550 sq ft) was impracticable to partition and the defendants did not show hardship, an order for sale under the Partition Ordinance was appropriate; contractual costs under Clause 22(ii) are recoverable on a solicitor and own client basis.