WU CHO YEUNG AND OTHERS v. 楊木勝

WU CHO YEUNG AND OTHERS v. 楊木勝

Section 12A applies because the mortgagee could not be located on the evidence; the court fixed $179.20 (interest on $8 at 20% p.a. for 107 years) as sufficient to redeem the encumbrance and ordered payment into court, with advertisement to notify possible claimants and leave to apply for a declaration that the lot be free from the mortgage after specified time periods.

Citation
WU CHO YEUNG AND OTHERS v. 楊木勝
Parties
Plaintiffs (registered Owners): Wu Cho Yeung; Wu Chow On; Wu Ping; Wu Siu Man; Wu Kwok Keung; Wu Cho Chuen (Cho Chuen Wu); Wu Cho Shing (Cho Shing Wu); Wu Kwok Man (Kwok Man Wu); Defendant (mortgagee): Unknown defendant (mortgagee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2011
Case Number
HCMP1461/2011
Procedural Posture
Originating Summons Under Conveyancing and Property Ordinance, Cap. 219 / Application for Payment Into Court and Declaration Under Section 12 a (interlocutory)
Outcome
Payment into court ordered; directions for advertisement and further application; no order as to costs
Legal Topics
Redemption of Mortgage, Payment Into Court, Service by Advertisement, Application Under Section 12 a Conveyancing and Property Ordinance
Source Language
EN
Conveyancing Property Law Civil Procedure Redemption of Mortgage Payment Into Court Service by Advertisement Application Under Section 12 a Conveyancing and Property Ordinance

Case Brief

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Parties

Wu Cho Yeung; Wu Chow On; Wu Ping; Wu Siu Man; Wu Kwok Keung; Wu Cho Chuen (Cho Chuen Wu); Wu Cho Shing (Cho Shing Wu); Wu Kwok Man (Kwok Man Wu)

Plaintiffs (registered Owners)

Unknown defendant (mortgagee)

Defendant (mortgagee)

Procedural Posture

Originating Summons Under Conveyancing and Property Ordinance, Cap. 219 / Application for Payment Into Court and Declaration Under Section 12 a (interlocutory)

Legal Issues

  1. 1 Whether section 12A of the Conveyancing and Property Ordinance applies where the mortgagee cannot be located
  2. 2 Whether the court should allow payment into court of a sum sufficient to redeem a historical mortgage and fix the appropriate quantum and interest
  3. 3 Whether additional steps (advertisement) are required to notify persons with derived interests before granting a declaration

Ratio Decidendi

Section 12A applies because the mortgagee could not be located on the evidence; the court fixed $179.20 (interest on $8 at 20% p.a. for 107 years) as sufficient to redeem the encumbrance and ordered payment into court, with advertisement to notify possible claimants and leave to apply for a declaration that the lot be free from the mortgage after specified time periods.

Court Disposition

Payment into court ordered; directions for advertisement and further application; no order as to costs

Orders

  • Plaintiffs to pay $179.20 into court to redeem the mortgage registered against Lot No. 1207 in Demarcation District No. 17 and any interest thereon pursuant to s12A(1) of the Conveyancing and Property Ordinance, Cap. 219
  • Within 7 days after payment into court plaintiffs must advertise in a widely circulated local Chinese newspaper and a widely circulated local English newspaper with particulars of the land, the mortgage, the names of mortgagee and mortgagor and a statement that any person with an interest may apply within 14 days to...