29 Oct 2020
FAITH LUCK CORPORATION LTD AND ANOTHER v. TIN YAU NUNG
- Citation
- [2020] HKCFI 314
- Court
- Court of First Instance
- Case number
- HCMP603/2018
Partition was impracticable because the land is landlocked, small and surrounded by plaintiffs' other lots making fair division and access rights problematic; accordingly, under s.6 of the Partition Ordinance the court ordered sale on the basis that sale is objectively beneficial, accepted plaintiffs' undertaking to procure discharge of mortgage and rent assignment, set a reserve of HK$3,700,000, allowed deduction of HK$500,000 paid to the occupier as an expense to preserve title, and awarded costs to plaintiffs of HK$240,000.