Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Power of sale under legal charge
  • 29 Nov 2022

    NIC SANG FINANCE CO LTD v. TUNG WAI FUN

    Citation
    [2022] HKDC 1475
    Court
    District Court
    Case number
    DCMP4499/2021

    Sale was the appropriate and necessary remedy because partition of the flat was impracticable, the defendant defaulted and did not participate, the plaintiff as chargee is entitled to enforce the security including sale, and the sale would not cause hardship to the other co-owners who do not occupy the property.

    • Order for sale
    • Partition ordinance
    • Power of sale under legal charge
    • Mortgagee enforcement
    • Costs assessment