734
Withdrawal
by Bailiff on admission of claim. O. 67 r. 16A.
Conduct and mode of sale in execution. H. K. Code, s. 78 (1).
Application to set aside sale of immovable property for irregularity. Ib. s. 78 (2).
Sale of immovable property made absolute, confirmed, or set aside. Ib. s. 78 (3).
Repayment of deposit, etc., when sale of immovable property is set aside. Ib. s. 78 (4).
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 190
(2.) If the execution creditor admits the claim, and gives notice directed by this section, he shall only be liable to the Bailiff for any expenses incurred prior to the receipt of the notice admitting the claim.
426. When the execution creditor has given notice to the Bailiff that he admits the claim, the Bailiff may thereupon withdraw from possession of the property claimed, and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the Court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the Court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
Sale of Property in Execution of Judgment.
427. Every sale in execution of a judgment shall be made under the direction of the Registrar, and shall be conducted according to such orders, if any, as the Court may make on the application of any party concerned, and shall be made by public auction: Provided that the Court may in any case authorize the sale to be made in such other manner as it may deem advisable.
428. At any time within ten days from the date of sale of any immovable property in execution of a judgment, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves, to the satisfaction of the Court, that he has sustained substantial injury by reason of such irregularity.
429.-(1.) If no such application is made, the sale shall be deemed absolute.
(2.) If such application is made and the objection is disallowed, the Court shall make an order confirming the sale.
(3.) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
430. Whenever a sale of immovable property is set aside for irregularity, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest to be paid by such parties and in such manner as it may appear proper to the Court to direct.
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734
Withdrawal
by Bailiff on admission of claim. 0. 67 r. 16A.
Conduct and mode of sale în execution. H. K. Code, s. 78 (1.)
Application to set aside sale of immovable property for irregularity. Ib. 8. 78 (2.)
Sale of immovable property made absolute, confirmed, or set aside. Ib. s. 78 (3.)
Repayment of deposit, etc., when sale of immovable
property is set aside. 16. 8. 78 (4.)
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 190 (2.) If the execution creditor admits the claim, and gives notice directed by this section, he shall only be liable to the Bailiff for and expenses incurred prior to the receipt of the notice admitting the claim.
any
426. When the execution creditor has given notice to the Bailiff the he admits the claim, the Bailiff may thereupon withdraw from possession of the property claimed, and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the Court may make any such order as may be just and reasonable m respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the Court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
Sale of Property in Execution of Judgment.
427. Every sale in execution of a judgment shall be made under the direction of the Registrar, and shall be conducted according to such orders, if any, as the Court may make on the application of any party concerned, and shall be made by public auction: Provided that the Court may in any case authorize the sale to be made in such other manner as it may deem advisable.
428. At any time within ten days from the date of sale of any immovable property in execution of a judgment, application may be made to the Court to set aside the sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside on the ground of such irregularity unless the applicant proves, the satisfaction of the Court, that he has sustained substantial injury by reason of such irregularity.
429.-(1.) If no such application is made, the sale shall be deemed absolute.
(2.) If such application is made and the objection is disallowed, the Court shall make an order confirming the sale.
(3.) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.
430. Whenever a sale of immovable property is set aside for irregu larity, the purchaser shall be entitled to receive back any money de posited or paid by him on account of such sale, with or without interest to be paid by such parties and in such manner as it may appear proper to the Court to direct.
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