18 Jul 2025
HE ZHONG FINANCE LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF KO PING KUEN, DECEASED AND ANOTHER
- Citation
- [2025] HKDC 1182
- Court
- District Court
- Case number
- DCMP2920/2023
An order for sale under section 6 of the Partition Ordinance was justified and granted because physical partition of the single residential flat was impracticable, the plaintiff as mortgagee of a 50% share was an entitled applicant, the proposed sale price was supported by an independent valuation, and adequate protections for the first and subsequent mortgagees were incorporated into the Draft Order (including the 2nd Defendant's undertaking to discharge the first mortgage), with no opposing party establishing that sale would be detrimental or produce extreme hardship.