Hong Kong Case Law: Decisions & Judgments

Topic

Tenants in common

Legal area

Court

12 Feb 2025

新基業發展有限公司對文彥均

Citation

[2025] HKDC 217
Court

District Court
Case number

DCMP3813/2022

Court ordered partition into two parcels (8/9 and 1/9) because plaintiff demonstrated absence of other adequate remedies given defendant's persistent non-cooperation and government enforcement risk; partition was feasible without causing defendant substantial hardship; prior proceedings did not bar relief due to new material facts and prior evidential insufficiency; costs awarded to plaintiff and court authorized solicitor/registrar to effect transfer if defendant fails to sign.
20 Apr 2022

THE JOINT AND SEVERAL LIQUIDATORS OF HONG KONG UNIVERSAL JEWELLERY LTD v. FU HAP ENTERPRISES LTD AND OTHERS

Citation

[2022] HKCFI 1062
Court

Court of First Instance
Case number

HCMP807/2020

The originating summons was defective because it failed to state precise directions or legal issues suitable for determination under s255; the court will defer to the liquidators' commercial judgments and will only intervene if there is bad faith, error of law or perverse decision-making; accordingly the summons is adjourned for the liquidators to determine whether further orders are required and a costs order nisi is made.
20 Aug 2021

LEUNG CHI CHEONG (the person appointed to represent the estate of LEUNG FAI, deceased) v. LIU CHE WUN AND ANOTHER

Citation

[2021] HKCFI 2435
Court

Court of First Instance
Case number

HCA1128/2007

The court found on the balance of probabilities that the 1st defendant and the Deceased jointly and adversely possessed the Land from 1980 to 2000 as joint squatters with equal rights and thereafter the 1st defendant continued adverse possession until 2009; the plaintiff failed to prove the existence of a licence; accordingly the 1st defendant acquired a good possessory title in her own right and holds the Land as tenant in common in equal shares with the Estate, entitling her to declarations, an account of half the income since early October 2009 and costs.
11 Mar 2021

LING TO TSZ MANAGEMENT LTD v. TANG CHAK (or CHOK) HING TSO AND OTHERS

Citation

[2021] HKCFI 693
Court

Court of First Instance
Case number

HCMP959/2020

The court granted the partition because the plaintiff, as a co-owner, was entitled to seek partition; service on all parties was valid; the Tso's managers had indicated consent; the proposed division was practicable with equal value and access according to the surveyor; and there was no objection or adverse comment from the Director of Lands, justifying the exercise of the court's discretion to order partition.
5 Mar 2021

LIU, LI v. YATES, SIMON DAVID

Citation

[2021] HKDC 238
Court

District Court
Case number

DCCJ5759/2018

Plaintiff proved equal beneficial ownership; physical partition was impracticable; under Partition Ordinance s6 the court was satisfied sale was appropriate and therefore ordered sale of the Property with net proceeds to be equally distributed between the parties; costs awarded to plaintiff.
4 Sept 2013

LAM CHUNG WAI v. LAM HI WAY

Citation

LAM CHUNG WAI v. LAM HI WAY
Court

Court of First Instance
Case number

HCMP2898/2012

Defendant did not discharge the burden to show that ordering a sale would be unjust or cause very great hardship; sentimental attachment and proposed short postponement for family occupation were insufficient, therefore the proper exercise of the court's discretion required ordering sale under the Partition Ordinance.
4 Jul 2011

IP FUNG YING v. CHENG CHI CHUNG

Citation

IP FUNG YING v. CHENG CHI CHUNG
Court

District Court
Case number

DCMP805/2010

The court ordered sale under s6 because the unit could not be practically partitioned, the Defendant failed to prove an enforceable promise or that sale would cause very great hardship, and objective consideration showed sale would be beneficial to both co-owners; the agreed draft orders govern sale mechanics and costs.
12 Mar 2010

RE INLAND LOT NO. 476

Citation

RE INLAND LOT NO. 476
Court

Court of First Instance
Case number

HCMP1273/2009

Partition was impracticable and the defendant failed to discharge the burden of proving that a sale would not be beneficial to all owners or would cause very great hardship; given sustained lack of cooperation and unreliable competing valuations, the court exercised its discretion to order sale with specified sale methods and reserve prices, and awarded costs to the plaintiff.
8 Sept 2008

KUNG MING TAK TONG CO LTD v. PARK SOLID ENTERPRISES LTD AND ANOTHER

Citation

KUNG MING TAK TONG CO LTD v. PARK SOLID ENTERPRISES LTD AND ANOTHER
Court

Court of Final Appeal
Case number

FACV1/2008

Units allotted under the Hong Kong undivided‑share / DMC system are not separate tenements capable of supporting legal easements; the DMC and assignments create contractual exclusive‑use rights (contractual quasi‑easements) rather than proprietary easements. Applying Wheeldon v Burrows by analogy, a contractual right of way was implied over the Entrance Lobby for access to the second and third floors, but no easement or quasi‑easement arose to permit customers to approach and be served at the Shop 2B-B counter; nonetheless the respondents’ proposed obstruction of the c.13 feet 3 inches return…
27 Aug 2008

WONG KEITH KEI v. CHIU KAM SHING

Citation

WONG KEITH KEI v. CHIU KAM SHING
Court

District Court
Case number

DCMP49/2008

Partition of a self-contained flat was impracticable and co-ownership had irretrievably broken down; the Defendant's asserted hardship was insufficient given investment purpose, income and market value; accordingly an order for sale under s6 was justified and should be made, with costs to the Plaintiff.