Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Partition ordinance section 6

Legal area

Court

26 Mar 2015

RE WONG YU LEUNG

Citation

RE WONG YU LEUNG
Court

Court of First Instance
Case number

HCB6686/2004

The court accepted unchallenged credible evidence, including bank records and admissions, that Madam Lam paid the purchase money and intended to retain sole beneficial ownership; the bankrupt admitted holding his registered share on trust for her; therefore no beneficial interest vested in the bankrupt and the trustees' application for sale was dismissed.
8 Mar 2012

CHAN WILLIAM LAI YEE AND OTHERS v. CHAN YAU YUEN FUN THERESE AND ANOTHER

Citation

CHAN WILLIAM LAI YEE AND OTHERS v. CHAN YAU YUEN FUN THERESE AND ANOTHER
Court

Court of First Instance
Case number

HCMP1203/2011

Partition was impracticable given the nature of the properties (separate residential units and car parks) and unequal occupation; applying s6 and relevant authorities the court found sale objectively beneficial to the co-owners and the 1st defendant failed to establish very great hardship; accordingly an order for sale under section 6 was appropriate and granted.