Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession and foreclosure

Legal area

Court

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.
18 Mar 2016

LAW SHU KEUNG STEPHEN t/a EXCEL FINANCE CO v. NG MING AND ANOTHER

Citation

LAW SHU KEUNG STEPHEN t/a EXCEL FINANCE CO v. NG MING AND ANOTHER
Court

District Court
Case number

DCMP3032/2014

The court held that the plaintiff, as legal chargee of the 1st defendant's half share and having waived untaxed costs so that the judgment is liquidated, qualified as a person interested under s 3(1) Partition Ordinance and was entitled to apply for sale under s 6; partition was impracticable given the nature of the unit and absence of substantive opposition or evidence of hardship, therefore an order for sale was warranted with specified terms, and costs were assessed on a nisi basis at HK$55,700.