RE LAM LAP FUNG

RE LAM LAP FUNG

The court declared the land free from the mortgage because the applicant demonstrated diligent efforts to locate the mortgagees, deposited a sum the court considered sufficient to redeem the mortgage and interest, and relied on established authorities permitting such an order where mortgagees cannot be found.

Source-derived case information.

Citation
RE LAM LAP FUNG
Parties
Applicant / Registered Owner: Lam Lap-fung; Mortgagor: Lam Kung Tai; Mortgagee: Lam Chung-tak; Mortgagee: Lam Shu-fu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 June 2005
Case Number
HCMP815/2005
Procedural Posture
Application for Declaration Under Section 12 a Conveyancing and Property Ordinance (cap.219) / Judgment
Outcome
Land declared free from the said mortgage; no order as to costs.
Legal Topics
Mortgage Discharge, Declaration Under S.12 a, Redemption by Deposit, Service by Substituted Notice
Source Language
en
Property Conveyancing Civil Procedure Mortgage Discharge Declaration Under S.12 a Redemption by Deposit Service by Substituted Notice

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Parties

Lam Lap-fung

Applicant / Registered Owner

Lam Kung Tai

Mortgagor

Lam Chung-tak

Mortgagee

Lam Shu-fu

Mortgagee

Procedural Posture

Application for Declaration Under Section 12 a Conveyancing and Property Ordinance (cap.219) / Judgment

Legal Issues

  1. 1 Whether the Court may declare land free from a mortgage under s.12A where the mortgagees cannot be located
  2. 2 Whether a deposit to the court is sufficient to effect redemption of the mortgage and permit a declaration
  3. 3 Whether requisite efforts to locate mortgagees and procedural requirements have been satisfied

Ratio Decidendi

The court declared the land free from the mortgage because the applicant demonstrated diligent efforts to locate the mortgagees, deposited a sum the court considered sufficient to redeem the mortgage and interest, and relied on established authorities permitting such an order where mortgagees cannot be found.

Court Disposition

Land declared free from the said mortgage; no order as to costs.

Orders

  • Declare the land free from the said mortgage.
  • Applicant to have deposited $2,300 into an interest-bearing account with interest for the benefit of the mortgagees (sum lodged on 17 May 2005).