TANG TSING WAN TSO v. The Personal Representative of TANG TSOI KWAN, deceased

TANG TSING WAN TSO v. The Personal Representative of TANG TSOI KWAN, deceased

Given the long interval since the 1905 mortgages, continuous possession and use of the land by successors, the absence of demands, repayments or acknowledgements, and no evidence of the mortgagee's possession or enforcement, the mortgages are no longer capable of subsistence or are unenforceable under the Limitation...

Source-derived case information.

Citation
TANG TSING WAN TSO v. The Personal Representative of TANG TSOI KWAN, deceased
Parties
Plaintiff: Plaintiff; Defendant (mortgagee): Tang Tsoi Kwai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2000
Case Number
HCMP3084/1999
Procedural Posture
Miscellaneous Proceedings — Application Under Limitation Ordinance/order 88 R.1 / Hearing and Judgment (application)
Outcome
Declaration granted that the two 1905 mortgages endorsed in the Schedule to the Block Crown Leases are no longer capable of subsistence or are unenforceable under the Limitation Ordinance, Cap. 347.
Legal Topics
Mortgage Subsistence, Unenforceability Under Limitation, Possession, Acknowledgement/demand
Source Language
en
Property Law Limitation Law Land Registration Mortgage Subsistence Unenforceability Under Limitation Possession Acknowledgement/demand

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Parties

Plaintiff

Plaintiff

Tang Tsoi Kwai

Defendant (mortgagee)

Procedural Posture

Miscellaneous Proceedings — Application Under Limitation Ordinance/order 88 R.1 / Hearing and Judgment (application)

Legal Issues

  1. 1 Whether two mortgages dated 24 January 1905 registered against Lots 71, 75 and 77 D.D.127 are no longer capable of subsistence or are unenforceable under the Limitation Ordinance (Cap. 347)
  2. 2 Whether long passive possession by successors and absence of demand, repayment or acknowledgement extinguishes or bars enforcement of the mortgages
  3. 3 Whether a subsequent mortgage to a third party implies redemption of an earlier mortgage

Ratio Decidendi

Given the long interval since the 1905 mortgages, continuous possession and use of the land by successors, the absence of demands, repayments or acknowledgements, and no evidence of the mortgagee's possession or enforcement, the mortgages are no longer capable of subsistence or are unenforceable under the Limitation Ordinance (Cap. 347).

Court Disposition

Declaration granted that the two 1905 mortgages endorsed in the Schedule to the Block Crown Leases are no longer capable of subsistence or are unenforceable under the Limitation Ordinance, Cap. 347.

Orders

  • Declaration that the mortgages dated 24 January 1905 as endorsed in the Schedule to the Block Crown Leases against Lots Nos 71, 75 and 77 D.D.127 are no longer capable of subsistence or are unenforceable under the Limitation Ordinance, Cap. 347