3 Jul 2019
MONEYSQ LTD v. LIU KIT LING AND ANOTHER
- Citation
- [2019] HKDC 860
- Court
- District Court
- Case number
- DCMP3315/2018
The 1st defendant's execution of the mortgage severed the joint tenancy so the mortgagee held an interest as tenant in common; the mortgagee's rights on default conferred an interest in possession such that the plaintiff qualified as a "person interested" under Section 3 of the Partition Ordinance; partition was impracticable for the small residential flat and the 2nd defendant failed to demonstrate very great hardship, therefore the court granted an uncontested money judgment against the 1st defendant and ordered sale of the property.