29 Aug 2022
BRIGHT EMPIRE ENTERPRISES LTD v. HO KAP SIN AND ANOTHER
- Citation
- [2022] HKCFI 2651
- Court
- Court of First Instance
- Case number
- HCMP1880/2021
The mortgage, being ancient and supported by evidence of uninterrupted, undisturbed possession by the plaintiff's predecessor and absence of any claim or demand for the relevant period, is unenforceable by reason of limitation under ss19(1) and (2) and a declaratory order was appropriate; Re Amirteymour was distinguishable because the present application seeks declaratory, effectively in rem relief on the merits, so the limited appointment of the Official Solicitor to accept service did not preclude determination on the merits.