Read the full judgment text of HCB 4944/2017 on BabelCite. This HCB judgment was delivered on 2 November 2020 before Hon Coleman J.
Bankruptcy – Order for Sale – Partition Ordinance – Co-ownership – Ancillary Relief – Whether sale beneficial – Whether hardship – Order for sale granted – Costs against father. The Applicants, joint and several Trustees of the property of a bankrupt, sought an order for sale of a residential property registered in the names of the Bankrupt and his father. The bankruptcy order was made following a petition by the Bankrupt's former wife regarding an ancillary relief lump sum. The Property was held as joint tenants until severance. The Court considered whether an order for sale under section 6 of the Partition Ordinance was appropriate. The Court found that partition was impracticable for a residential flat. The Court further considered whether an order for sale would result in very great hardship to the co-owner, the Father. Evidence showed the Father had substantial means and other assets. The Court held that disentanglement from the Property would be beneficial to the Father and the Bankrupt. An order for sale was granted. The conduct of the sale was given to the Applicants. The Respondent was ordered to deliver vacant possession and join in the sale. Proceeds were to be applied in priority to government rent, costs, and then divided equally. The Respondent was ordered to pay the Applicants' costs.
Legal issues: Order for sale under Partition Ordinance · Benefit of partition · Hardship to co-owner
Outcome: Order for sale of the Property granted.
Cites 2 cases