29 Jan 2024
MAXCOLM FINANCE LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WAN YEE YORK, DECEASED AND ANOTHER
- Citation
- [2024] HKDC 182
- Court
- District Court
- Case number
- DCMP177/2023
Plaintiff established compliance with the Money Lenders Ordinance and entitlement to judgment for the outstanding indebtedness; the Second Mortgage conferred the right to possession and sale and, because partition of the small single‑entrance flat is impractical and there is no evidence of very great hardship to co-owners, the court will order vacant possession and sale of the property subject to the prior rights of Bank of Communications; costs awarded against the estate on full indemnity basis under the mortgage.