RE CHENG TING YAU

RE CHENG TING YAU

Payment into court was made in accordance with the s12A procedure, the papers were in order, and no claimant appeared after advertisement; accordingly the court must grant the requested declaration that the listed properties are free from the mortgage and that the declaration may be registered to discharge the...

Source-derived case information.

Citation
RE CHENG TING YAU
Parties
Applicant: CHENG KOON YAN; Applicant: CHENG YUK WO; Mortgagor (deceased): Cheng Ting Yau; Mortgagee: Yau Choi (Tsoi)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 2010
Case Number
HCMP1025/2010
Procedural Posture
Application Under Section 12 a of the Conveyancing and Property Ordinance (cap.219) / Second Stage (declaration After Payment Into Court)
Outcome
Declaration granted that the specified properties are free from the mortgage and the declaration may be registered at the Land Registry to discharge the mortgage.
Legal Topics
Section 12 a, Payment Into Court, Declaration, Discharge of Mortgage, Registration at Land Registry
Source Language
en
Conveyancing Property Mortgages Civil Procedure Section 12 a Payment Into Court Declaration Discharge of Mortgage +1 more

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Parties

CHENG KOON YAN

Applicant

CHENG YUK WO

Applicant

Cheng Ting Yau

Mortgagor (deceased)

Yau Choi (Tsoi)

Mortgagee

Procedural Posture

Application Under Section 12 a of the Conveyancing and Property Ordinance (cap.219) / Second Stage (declaration After Payment Into Court)

Legal Issues

  1. 1 Whether a declaration under s12A should be granted to discharge the properties from the mortgage
  2. 2 Whether the payment into court and advertisement satisfied the statutory process and absence of claimants justifies registration to discharge the mortgage

Ratio Decidendi

Payment into court was made in accordance with the s12A procedure, the papers were in order, and no claimant appeared after advertisement; accordingly the court must grant the requested declaration that the listed properties are free from the mortgage and that the declaration may be registered to discharge the mortgage.

Court Disposition

Declaration granted that the specified properties are free from the mortgage and the declaration may be registered at the Land Registry to discharge the mortgage.

Orders

  • Declaration that the properties known as Lot 29, 32, 35, 36, 38, 42, 45, 49, 53, 55, 57, 60, 61, 64, 73, 76, 78, 79, 89, 96, 97, 100 in Demarcation District No.195, Shatin are free from the mortgage between Cheng Ting Yau (deceased) and Yau Choi (Tsoi) pursuant to s12A of the Conveyancing and Property Ordinance
  • Declaration to be registrable at the Land Registry to discharge the properties from the mortgage