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HCB 2317/2009
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO. 2317 OF 2009
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IN THE MATTER OF the property known as Portion K on 5th Floor, Wah Shun Industrial Building, No. 4 Cho Yuen Street, Kowloon
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AND IN THE MATTER OF an application for an order for sale under Section 6 of the Partition Ordinance (Cap. 352)
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AND IN THE MATTER OF Section 60 of the Bankruptcy Ordinance (Cap. 6)
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AND IN THE MATTER OF Order 31 of the Rules of the High Court (Cap. 4A)
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AND IN THE MATTER OF Section 62 of the Trustee Ordinance (Cap. 29)
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RE : TONG SIU WING, the Bankrupt |
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| Before: Hon Anthony Chan J in Chambers |
| Date of Hearing: 17 March 2017 |
| Date of Decision: 17 March 2017 |
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D E C I S I O N
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1. This application is not contested by 1 of the 2 co-owners (1st Respondent) or the Bankrupt.
2. The only problem is the absence of the 2nd co-owner (2nd Respondent) who cannot be found or contacted.
3. However, such situation is not unique: see Re: Lau Yuet Tai, a Debtor, HCB 25136/2002, unrep, 29 November 2005. The 2nd co-owner’s interest will be protected by having his share of the net proceeds of sale paid into court.
4. I see no reason not to grant the relief sought in the draft order, and I do so with amendments.
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(Anthony Chan) |
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Judge of the Court of First Instance |
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High Court |
The Bankrupt appeared in person
The 1st Respondent appeared in person
The 2nd Respondent was not represented and did not appear
Ms Wong Kar Wing Clara of Gallant, for the Joint and Several Trustees of the property of the Bankrupt
Attendance of the Official Receiver was excused
Attendance of Director of Lands was excused
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