4 Jul 2008
NGAI FEW FUNG v. CHEUNG KWAI HEUNG
- Citation
- NGAI FEW FUNG v. CHEUNG KWAI HEUNG
- Court
- Court of First Instance
- Case number
- HCMP1186/2006
The defendant failed to discharge the onus of proving great hardship; given the market value, outstanding mortgage, likely net proceeds and defendant's income and housing alternatives, refusal of sale would unjustly oblige the plaintiff to continue paying mortgage and outgoings while deriving no benefit, therefore an order for sale was appropriate and the defendant's counterclaim was dismissed.