RE LIGHT TIME INVESTMENTS LTD

RE LIGHT TIME INVESTMENTS LTD

The one‑stage approach was rejected because s.12A(2) vests a discretion that can only be exercised after payment into court under s.12A(1); the court ordered payment into court of the sums stated, required public advertisement within seven days with a 14‑day period to apply to be joined, and permitted a paper application under s.12A(2) after at least 21 days from publication; no order as to costs.

Citation
RE LIGHT TIME INVESTMENTS LTD
Parties
Applicant/plaintiff: Light Time Investments Limited; Interested Party: The Government; Encumbrancers/respondents: Mortgagees (various, mostly pre-1905, some unknown or untraceable)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2010
Case Number
HCMP347/2010
Procedural Posture
Section 12 a Application Under the Conveyancing and Property Ordinance (cap.219) / Payment Into Court Ordered Under S.12 A(1); Advertising and Subsequent Paper Application Under S.12 A(2) to Follow
Outcome
Application granted in part: payments into court ordered; procedural directions for advertisement and subsequent s.12A(2) application; no order as to costs.
Legal Topics
Mortgage Redemption, Payment Into Court, Notice and Substituted Service, In Situ Land Exchange
Source Language
EN
Conveyancing Property Law Civil Procedure Mortgage Redemption Payment Into Court Notice and Substituted Service In Situ Land Exchange

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Parties

Light Time Investments Limited

Applicant/plaintiff

The Government

Interested Party

Mortgagees (various, mostly pre-1905, some unknown or untraceable)

Encumbrancers/respondents

Procedural Posture

Section 12 a Application Under the Conveyancing and Property Ordinance (cap.219) / Payment Into Court Ordered Under S.12 A(1); Advertising and Subsequent Paper Application Under S.12 A(2) to Follow

Legal Issues

  1. 1 Whether the court may make a declaration freeing land from a mortgage before payment into court (one‑stage approach)
  2. 2 Whether sufficient inquiries and notice have been made to locate encumbrancers
  3. 3 Appropriate procedural steps under s.12A(1) and s.12A(2) to protect unknown mortgagees

Ratio Decidendi

The one‑stage approach was rejected because s.12A(2) vests a discretion that can only be exercised after payment into court under s.12A(1); the court ordered payment into court of the sums stated, required public advertisement within seven days with a 14‑day period to apply to be joined, and permitted a paper application under s.12A(2) after at least 21 days from publication; no order as to costs.

Court Disposition

Application granted in part: payments into court ordered; procedural directions for advertisement and subsequent s.12A(2) application; no order as to costs.

Orders

  • Order pursuant to s.12A(1) that the applicant pay into court the sums stated in the applications (or larger sums stated in the applicant's written opening) to redeem the registered mortgages and any interest thereon.
  • Order that within seven days after the payments into court the applicant must advertise in a widely circulated local Chinese newspaper notifying the order and the payments and stating that any person interested in the mortgages and/or the payments may apply within 14 days to be joined as a respondent to the...