MA FAT CHING v. WAN SUI SHANG

MA FAT CHING v. WAN SUI SHANG

Given the applicant's uncontradicted evidence of reasonable enquiries to locate the mortgagee or successors, the court had jurisdiction under s12A CPO to accept payment into court and declare the applicant's half share free from the mortgage; the sum of $611 (principal $26 plus interest at $0.65/month from 1941 to Feb 2016 = $585) was sufficient to redeem the mortgage and therefore a declaration discharging the applicant's share was justified.

Citation
MA FAT CHING v. WAN SUI SHANG
Parties
Applicant (registered Owner of Half Share): Applicant; Co Registered Owner (deceased): Ma Fat Kwong; Administratrix of Estate of Ma Fat Kwong: Ma King Mui; Defendant/mortgagee: Wan Sui Shang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 January 2016
Case Number
HCMP2640/2015
Procedural Posture
Originating Summons Under Section 12 a Conveyancing and Property Ordinance (mortgage Redemption) / Judgment (reasons for Judgment Handed Down)
Outcome
Applicant's half share of the property declared freed and discharged from the 1941 mortgage upon payment into court; sum of $611 accepted as principal and interest for redemption; no order as to costs.
Legal Topics
Redemption of Mortgage, Discharge of Encumbrance, Section 12 a CPO, Substituted Service, Payment Into Court
Source Language
EN
Conveyancing Property Law Civil Procedure Mortgages Redemption of Mortgage Discharge of Encumbrance Section 12 a CPO Substituted Service +1 more

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Parties

Applicant

Applicant (registered Owner of Half Share)

Ma Fat Kwong

Co Registered Owner (deceased)

Ma King Mui

Administratrix of Estate of Ma Fat Kwong

Wan Sui Shang

Defendant/mortgagee

Procedural Posture

Originating Summons Under Section 12 a Conveyancing and Property Ordinance (mortgage Redemption) / Judgment (reasons for Judgment Handed Down)

Legal Issues

  1. 1 Whether the applicant had made best endeavours to locate the mortgagee or successors to permit service and participation
  2. 2 Whether the court had jurisdiction under section 12A CPO to order discharge of the mortgage on payment into court
  3. 3 What sum was sufficient to redeem the 1941 mortgage and how interest should be calculated

Ratio Decidendi

Given the applicant's uncontradicted evidence of reasonable enquiries to locate the mortgagee or successors, the court had jurisdiction under s12A CPO to accept payment into court and declare the applicant's half share free from the mortgage; the sum of $611 (principal $26 plus interest at $0.65/month from 1941 to Feb 2016 = $585) was sufficient to redeem the mortgage and therefore a declaration discharging the applicant's share was justified.

Court Disposition

Applicant's half share of the property declared freed and discharged from the 1941 mortgage upon payment into court; sum of $611 accepted as principal and interest for redemption; no order as to costs.

Orders

  • Sum of $611 paid into court on 24 November 2015 accepted as principal and interest due in respect of the mortgage in favour of Wan Sui Shang in respect of the property
  • Declaration that the applicant's half share of the property is freed and discharged from the mortgage