FU SUM AND OTHERS v. FU SAN FAT

FU SUM AND OTHERS v. FU SAN FAT

Section 12A(1) only authorises payment into court; the court has no power to make declaration or vesting/conveyance orders prior to payment having been effected. Consequently the one-stage approach (making final orders at the s.12A(1) hearing) is improper; the court ordered payment into court and adjourned the remainder with directions for notice.

Citation
FU SUM AND OTHERS v. FU SAN FAT
Parties
Plaintiffs: Plaintiffs; Mortgagee/defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 2008
Case Number
HCMP1072/2008
Procedural Posture
Application Under S.12 A, Conveyancing and Property Ordinance (cap.219) / Hearing (3 July 2008); Payment Into Court Directed; Remainder of Application Adjourned; Reasons Handed Down 9 July 2008
Outcome
Payment into court directed; one-stage final relief refused; remainder of application adjourned; notice of adjourned hearing to be advertised once in a Chinese newspaper widely circulated in Hong Kong.
Legal Topics
Section 12 a Payment Into Court, Redemption of Mortgage, Vesting/conveyance Orders, Jurisdiction of District Court, Notice by Advertisement
Source Language
EN
Conveyancing Property Equity Civil Procedure Section 12 a Payment Into Court Redemption of Mortgage Vesting/conveyance Orders Jurisdiction of District Court +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiffs

Plaintiffs

Defendant

Mortgagee/defendant

Procedural Posture

Application Under S.12 A, Conveyancing and Property Ordinance (cap.219) / Hearing (3 July 2008); Payment Into Court Directed; Remainder of Application Adjourned; Reasons Handed Down 9 July 2008

Legal Issues

  1. 1 Whether a court may grant final relief under s.12A(2) at the same hearing as an order under s.12A(1) for payment into court (the "one-stage" approach)
  2. 2 Whether practicality/efficiency justifies departing from the statutory scheme in s.12A
  3. 3 Whether the District Court has jurisdiction to hear s.12A claims

Ratio Decidendi

Section 12A(1) only authorises payment into court; the court has no power to make declaration or vesting/conveyance orders prior to payment having been effected. Consequently the one-stage approach (making final orders at the s.12A(1) hearing) is improper; the court ordered payment into court and adjourned the remainder with directions for notice.

Court Disposition

Payment into court directed; one-stage final relief refused; remainder of application adjourned; notice of adjourned hearing to be advertised once in a Chinese newspaper widely circulated in Hong Kong.

Orders

  • Plaintiffs directed to make payment into court of a sum sufficient to redeem the mortgage.
  • Application (remainder) adjourned.