RE FUNG CHI HON

RE FUNG CHI HON

Applicant established that the mortgagee could not be found after reasonable searches and inquiries; the court accepted the practice of using 20% p.a. simple interest where no rate is provided and found HK$700 sufficient to redeem the encumbrance; the court directed payment of HK$700 into court and permitted the second‑stage declaration application to be dealt with on paper.

Citation
[2018] HKDC 1080
Parties
Applicant/registered Owner: Fung Chi Hon; Mortgagee/encumbrancer: Lam Kam Po
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 September 2018
Case Number
DCMP1631/2018
Procedural Posture
Miscellaneous Proceedings (cpo S12 a Application) / 1st Stage: Direction to Pay Into Court; 2nd Stage to Be Dealt With on Paper
Outcome
Directed applicant to pay HK$700 into court; directed publication of notice in local Chinese newspaper; allowed paper application for declaration after 28 days; no order as to costs.
Legal Topics
Mortgage Redemption, Declaration Under S12 a, Notice by Advertisement, Interest Calculation
Source Language
EN
Conveyancing Property Civil Procedure Mortgage Redemption Declaration Under S12 a Notice by Advertisement Interest Calculation

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Parties

Fung Chi Hon

Applicant/registered Owner

Lam Kam Po

Mortgagee/encumbrancer

Procedural Posture

Miscellaneous Proceedings (cpo S12 a Application) / 1st Stage: Direction to Pay Into Court; 2nd Stage to Be Dealt With on Paper

Legal Issues

  1. 1 Whether the encumbrancer/mortgagee can be found
  2. 2 Whether applicant has taken reasonable steps to locate the encumbrancer
  3. 3 What sum is sufficient to redeem the encumbrance including interest

Ratio Decidendi

Applicant established that the mortgagee could not be found after reasonable searches and inquiries; the court accepted the practice of using 20% p.a. simple interest where no rate is provided and found HK$700 sufficient to redeem the encumbrance; the court directed payment of HK$700 into court and permitted the second‑stage declaration application to be dealt with on paper.

Court Disposition

Directed applicant to pay HK$700 into court; directed publication of notice in local Chinese newspaper; allowed paper application for declaration after 28 days; no order as to costs.

Orders

  • Applicant to pay HK$700 into court to redeem the encumbrance within 14 days.
  • Within 7 days after the said payment into court, applicant to advertise in a widely circulated local Chinese newspaper a notice making known this ex parte application, this order and the payment into court with full particulars of the Lot, the encumbrance and the names of the mortgagee and mortgagor and stating that...