RE LIGHT TIME INVESTMENTS LTD

RE LIGHT TIME INVESTMENTS LTD

The one‑stage approach is impermissible because it would pre‑empt and defeat the statutory discretion vested in the court by s12A(2); s12A does not permit declarations before the mandatory payment into court under s12A(1). Therefore the court ordered payment into court under s12A(1) with directions for advertisement and a subsequent s12A(2) application after prescribed notice periods.

Citation
RE LIGHT TIME INVESTMENTS LTD
Parties
Applicant/plaintiff: Light Time Investments Limited; Respondents/encumbrancers: Mortgagees/Encumbrancers (unknown or unlocated)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2010
Case Number
HCMP343/2010
Procedural Posture
Section 12 a Application Under the Conveyancing and Property Ordinance, Cap.219 / Interlocutory Decision Ordering Payment Into Court Under S12 A(1) and Directions for Subsequent S12 A(2) Application
Outcome
Order made under s12A(1) for payment into court; directions for advertisement and opportunity for interested persons to be joined; applicant may apply under s12A(2) after prescribed notice period; no order as to costs.
Legal Topics
Section 12 a Conveyancing and Property Ordinance, Mortgages and Redemption, Payment Into Court, Notice and Substituted Service, Advertisement for Unknown Encumbrancers
Source Language
EN
Conveyancing Property Law Civil Procedure Section 12 a Conveyancing and Property Ordinance Mortgages and Redemption Payment Into Court Notice and Substituted Service Advertisement for Unknown Encumbrancers

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Parties

Light Time Investments Limited

Applicant/plaintiff

Mortgagees/Encumbrancers (unknown or unlocated)

Respondents/encumbrancers

Procedural Posture

Section 12 a Application Under the Conveyancing and Property Ordinance, Cap.219 / Interlocutory Decision Ordering Payment Into Court Under S12 A(1) and Directions for Subsequent S12 A(2) Application

Legal Issues

  1. 1 Whether a one‑stage procedure (payment and immediate declaration freeing land) is permissible under s12A
  2. 2 Whether the court may make declarations before payment into court
  3. 3 Adequacy of searches and notice to mortgagees/encumbrancers and need for advertisement/substituted service

Ratio Decidendi

The one‑stage approach is impermissible because it would pre‑empt and defeat the statutory discretion vested in the court by s12A(2); s12A does not permit declarations before the mandatory payment into court under s12A(1). Therefore the court ordered payment into court under s12A(1) with directions for advertisement and a subsequent s12A(2) application after prescribed notice periods.

Court Disposition

Order made under s12A(1) for payment into court; directions for advertisement and opportunity for interested persons to be joined; applicant may apply under s12A(2) after prescribed notice period; no order as to costs.

Orders

  • Order pursuant to s12A(1) that applicant pay into court the sums stated in the applications or the larger sums in the applicant's written opening to redeem the registered mortgages and any interest thereon
  • Applicant to advertise in a widely circulated local Chinese newspaper within seven days after payments into court, stating the order and that any person interested may apply within 14 days to be joined as a respondent