IN THE ESTATE of the property known as ALL THOSE 38 equal undivided 114000thshares of and in ALL THAT piece or parcel of ground registered in the Land Registry as SUB-SECTION 5 OF SECTION K OF QUARRY BAY MARINE LOT NO. 2 AND THE EXTENSION THERETO together with the full and exclusive right to hold use occupy and enjoy ALL THAT Flat C on 22ndFloor, Hoi Tien Mansion, Horizon Gardens, No. 15 Taikoo Wan Road, Taikoo Shing, Hong Kong (the “Property”)

Read the full judgment text of CACV 452/2021 on BabelCite. This Court of Appeal judgment.

1. By an Originating Summons dated 4 November 2020 (“the OS”), the plaintiff (“Mr Cheung”)  made an application under the Partition Ordinance, Cap 352 for an order of sale of the Property, which he jointly owns with his former wife, the defendant (“Madam Ip”).  By the judgment dated 30 August 2021 ( [2021] HKCFI 2535 )  (“the Judgment”), Au-Yeung J (“the Judge”)  refused Madam Ip’s application for stay of the OS proceedings and granted Mr Cheung’s application for an order for sale (“the Order”).

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