Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Rights of co-owners

Legal area

Court

10 Nov 2021

HO SUI MAN WINNIE v. ZHU YUN HUA

Citation

[2021] HKCFI 3251
Court

Court of First Instance
Case number

HCMP852/2020

The court granted an injunction preventing the defendant from instructing custodians of the ashes to deny or restrict the plaintiff access to pay respects, declined to grant a general declaratory judgment as unnecessary and discretionary in the circumstances, and ordered sale of the co-owned property because partition was impracticable and the defendant failed to prove very great hardship would result from sale.
2 Jun 1999

LEE WAI WING v. LEE PAK HONG

Citation

LEE WAI WING v. LEE PAK HONG
Court

Court of First Instance
Case number

HCA6201/1998

The court held that the historical "right to let" conferred exclusive possession and use of particular floors akin to ownership; the 1972 transaction effected an equitable assignment of the First Floor to the Purchaser who, having taken possession and later benefited from letters of administration, holds two-thirds of the legal and equitable interests; contributions by the Purchaser were credited and the notice to quit was ineffective because the Purchaser's occupancy derived from ownership rights rather than tenancy.