Hong Kong Case Law: Decisions & Judgments

Topic

Order for sale under partition ordinance s6

Legal area

Court

5 Nov 2025

EVER-LONG FINANCE LTD v. LAM SAI KIT AND ANOTHER

Citation

[2025] HKDC 1863
Court

District Court
Case number

DCMP2062/2025

As a secured second mortgagee entitled to possession the plaintiff was permitted to realize its security without leave of the Bankruptcy Court under BO s12(2); the court exercised its discretion under MLO s18(3) to enforce the loan agreement despite lack of signed memorandum because non-compliance was not serious and enforcement was equitable; the plaintiff qualified as a person interested under PO s3 and, given impracticability of partition, an order for sale under PO s6 was appropriate; consequential orders for sale, distribution of proceeds and indemnity costs (HK$85,000) were granted with…
16 Jun 2025

KONEW CAPITAL INTERNATIONAL LTD v. HUI YUK MING AND ANOTHER

Citation

[2025] HKDC 921
Court

District Court
Case number

DCMP6839/2024

The court entered judgment for the plaintiff against the 1st defendant for the outstanding principal and interest (HK$2,321,482.65 as at 27 May 2025), granted an order for vacant possession and an order for sale of the Property (reserve price HK$5,500,000), and awarded indemnity costs of HK$82,000 against the 1st defendant because the plaintiff complied with statutory and procedural requirements and the defendants did not contest the relief.
9 May 2024

CREDIT MALL LTD v. LEUNG PO KUEN AND ANOTHER

Citation

[2024] HKDC 702
Court

District Court
Case number

DCMP2256/2023

Because the Property was small and unsuitable for practical partition, the defendants produced no evidence to rebut the Plaintiff's case that sale was appropriate, the borrowers had an outstanding judgment debt, and the Plaintiff adduced a valuation supporting reserve prices, the court ordered sale under section 6 PO and awarded costs to the Plaintiff on a full indemnity basis pursuant to the contractual clauses.
10 May 2021

RE WONG LEE THOMAS

Citation

[2021] HKCFI 1317
Court

Court of First Instance
Case number

HCB2692/2006

Partition was impractical; trustees have a duty to realise the bankrupt's vested 50% interest for creditors; the occupier failed to establish that sale would cause exceptional hardship outweighing creditors' interests; accordingly declare tenancy in common and order sale unless occupier purchases trustees' 50% within 4 months at the specified price.
8 Mar 2017

CHOW HAR 對 CHOW CHEUK YIN

Citation

CHOW HAR 對 CHOW CHEUK YIN
Court

District Court
Case number

DCCJ3553/2015

A declaration was granted because both parties accepted that a common intention constructive trust arose giving each a 50% beneficial interest, the court had jurisdiction under District Court Ordinance s36 given the rateable value at commencement, and the equitable interest is not barred by Housing Ordinance s17B; the sale order was refused because the defendant could not revive an application he had previously opposed and the plaintiff had withdrawn the sale application.
3 Mar 2016

RE CHANG SZE LING

Citation

RE CHANG SZE LING
Court

Court of First Instance
Case number

HCB4104/2004

The court found that the property was purchased and held as legal and beneficial joint tenancy prior to bankruptcy; bankruptcy severed the joint tenancy so the trustees and Mr Cheung are tenants in common in equal shares; Mr Cheung did not demonstrate that very great hardship would result from a sale; accordingly an order for sale under Partition Ordinance s6 was granted with extended vacant possession period of 90 days and trustees' costs to be paid from the bankruptcy estate.
20 Aug 2015

RE LAU HIU TUEN

Citation

RE LAU HIU TUEN
Court

Court of First Instance
Case number

HCB8430/2006

The trustees and Madam Lam held equal beneficial interests as tenants in common; Madam Lam failed to prove sole beneficial ownership or to establish very great hardship sufficient to outweigh creditors' interests; accordingly, the court ordered sale under Partition Ordinance s6 and directed the trustees to conduct the sale to realize the bankrupt's share for creditors.
30 Jun 2015

RE LIU YI FANG

Citation

RE LIU YI FANG
Court

Court of First Instance
Case number

HCB5613/2013

The court rejected Poon’s claim to sole beneficial ownership and found beneficial ownership followed legal title (50/50); sale under s6 Partition Ordinance was ordered because Poon failed to demonstrate that sale would not be beneficial to all or that it would cause very great hardship; the trustees' claim for occupation rent was declined on equitable grounds after allowing a reasonable period to consider purchase and sale and having regard to Poon’s circumstances.
26 Oct 2006

LEUNG WAI FONG AND ANOTHER v. CHO LI YUEN

Citation

LEUNG WAI FONG AND ANOTHER v. CHO LI YUEN
Court

District Court
Case number

DCCJ4222/2004

The court found on the evidence that the three sisters entered a joint investment agreement on 7 May 1995 and each held a one-third interest and was jointly liable to contribute one-third to the mortgage; the deceased's estate therefore holds a one-third share subject to the legal charge and is liable to contribute one-third of mortgage repayments (with agreed rental credit), and an order for sale under s6 Partition Ordinance was appropriate; sale proceeds are to redeem the mortgage, repay the mother's loan, and any shortfall between the balance and the mother's loan is to be borne equally by…
28 Oct 2003

CHAN CHUN HEI DAVID v. MA TUNG LILY

Citation

CHAN CHUN HEI DAVID v. MA TUNG LILY
Court

Court of First Instance
Case number

HCA16978/1999

An order for sale under s6(3) Cap.352 was granted because the Official Receiver did not oppose a joint sale, there was no sufficient reason to refuse sale or to appoint receivers, and the court must provide directions for conduct of the sale and for priority distribution of proceeds: discharge outgoings and sale costs first, then divide net proceeds equally with specified discharges of registered charges against each half; delivery of vacant possession ordered; appointment of receivers refused as unnecessary.