Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Zoning (g/ic)
  • 31 Mar 2023

    WONG HON KUEN KEN AND ANOTHER v. WONG TSING

    Citation
    [2023] HKDC 423
    Court
    District Court
    Case number
    DCMP3391/2022

    Although service by letter‑box was valid, plaintiffs failed to establish entitlement to a forced sale: they had other remedies (able to sell their own shares on the market), did not prove partition was impracticable in a manner that justified sale, and did not show the sale would be objectively beneficial to all co‑owners nor that the defendant would suffer very great hardship; plaintiffs’ redevelopment motive and speculative increase in value did not justify invoking Partition Ordinance to convert the defendant’s one‑third interest into cash in his absence.