Hong Kong Case Law: Decisions & Judgments

Topic

Partition ordinance s6

Legal area

Court

5 Dec 2025

HONG KONG FINANCE (PERSONAL LOAN) LTD v. SIN SO FONG AND ANOTHER

Citation

[2025] HKDC 2027
Court

District Court
Case number

DCMP3837/2024

Partition was impracticable and the statutory framework and authorities place the burden on the opposing co-owner to prove that sale would not be beneficial or would cause very great hardship; on the facts the 2nd Defendant's financial, sentimental and practical difficulties do not amount to very great hardship; the mortgagee has locus and the creditor's interest in recovery outweighs the opponent's grounds for resisting sale; therefore an order for sale is appropriate.
27 Oct 2022

FUNG PING FAI v. WONG FUNG CHU

Citation

[2022] HKDC 1203
Court

District Court
Case number

DCMP919/2019

Partition was impracticable for an undivided interest in a single unit, the defendant consented to sale and to the proposed price terms, and therefore the court ordered sale under s6 of the Partition Ordinance together with directions for vacant possession, conduct of sale, pricing, distribution of proceeds and an account of rents since 6 May 2016; the defendant’s claim for renovation expenses must be pursued separately.
22 Oct 2020

MORNING DEW FINANCE LTD v. WONG WING YAN AND ANOTHER

Citation

[2020] HKCFI 2682
Court

Court of First Instance
Case number

HCMP296/2019

The court refused the adjournment due to lack of evidence and inordinate delay, and exercised jurisdiction under the liberty to apply clause to give further directions rather than vary the original order: the Property may be sold immediately by auction or private treaty at a starting minimum of HK$9,000,000, reducible to HK$8,800,000 if not sold within three months, with remaining directions of the 30 October 2019 order to remain in force.
15 Apr 2019

SIU PIK FONG v. TSE CHU KAI

Citation

[2019] HKDC 388
Court

District Court
Case number

DCMP153/2018

The consent order could not be enforced by court proceedings because it was barred by Limitation Ordinance s4(4) (as construed in Re Li Man Hoo), but on the merits the plaintiff was estopped from seeking partition: the defendant had relied to his detriment on the plaintiff's promise by repaying the mortgage, the plaintiff was not shown to have a beneficial interest equivalent to 50%, and an order for sale would cause very great hardship to the defendant; accordingly the originating summons for sale was dismissed.
13 Feb 2018

王興利對王興發

Citation

[2018] HKDC 180
Court

District Court
Case number

DCMP1827/2017

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.
14 Aug 2017

CHAN WAH SHING AND ANOTHER v. CHAN PING AND ANOTHER

Citation

CHAN WAH SHING AND ANOTHER v. CHAN PING AND ANOTHER
Court

Court of First Instance
Case number

HCA2354/2014

The court concluded that the property assets should be sold and proceeds distributed among the brothers in accordance with the agreed mechanics where those existed or otherwise under s6 of the Partition Ordinance; undisputed payments made by the plaintiffs are to be reimbursed, but entitlement to interest and whether payments were made of necessity required assessment and the unresolved issue of reserve price for auction must be fixed by valuation or further court direction if the parties cannot agree.
17 Mar 2017

RE TONG SIU WING

Citation

RE TONG SIU WING
Court

Court of First Instance
Case number

HCB2317/2009

Where a co-owner cannot be found or contacted, the court will grant an order for sale and protect the absent co-owner's interest by directing that his share of the net proceeds be paid into court; absence of the co-owner does not bar the sale when the other parties do not contest the application and the trustees seek that protective measure.
16 Mar 2017

UPLINK FINANCE LTD v. LEE SZE TAI AND OTHERS

Citation

UPLINK FINANCE LTD v. LEE SZE TAI AND OTHERS
Court

District Court
Case number

DCMP794/2016

The Loan Agreement and Second Mortgage were enforceable despite non‑compliance with MLO s18(2) because omissions were inadvertent and caused no prejudice, the defendants filed no evidence so summary disposal under O.28 r.4 was appropriate, and partition was impractical for the small residential unit so an order for sale under Partition Ordinance s6 was justified with sale proceeds to be applied according to charge priorities.
29 Aug 2012

YIP KIN WAH v. YIP FUNG TO

Citation

YIP KIN WAH v. YIP FUNG TO
Court

Court of First Instance
Case number

HCA2067/2011

Paragraph 10(ii) when read in context could be asserting an interest affecting the court's discretion under section 6 of the Partition Ordinance and therefore the defendant must clarify and particularize what 'interest' means; the Registrar's order requiring that clarification was correct but his costs award was set aside and replaced by each party bearing their own costs.
5 Jul 2004

CHAN YUEN YEE v. CHAN CHUCK KWONG AND ANOTHER

Citation

CHAN YUEN YEE v. CHAN CHUCK KWONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP2994/2002

The application to amend the statement of claim to introduce a cause of action that arose after the issue of the writ was refused because the court is bound by Hong Kong Court of Appeal authority (Wing Siu and Lark International) which prohibits adding such a cause of action; consequently the amendment was declined and the plaintiff must issue fresh proceedings.