Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Extinguishment of mortgage

  • 28 Sept 2000

    TO WAI SUM v. TO NAM SAU

    Citation
    TO WAI SUM v. TO NAM SAU
    Court
    Court of First Instance
    Case number
    HCMP3448/1996

    The court declared the 1939 mortgage no longer subsisting because the mortgagor's successors had enjoyed uninterrupted quiet possession since at least 1950, there had been no demand or written acknowledgement of principal or interest, and the defendant failed to rebut these facts; the court applied the principle in Fung Kam Cheung v. Kwok Yiu Wing to grant the declaratory relief.

  • 7 Sept 1999

    MAN WONG TAN KWAI v. MAN YUI CHEONG AND ANOTHER

    Citation
    MAN WONG TAN KWAI v. MAN YUI CHEONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP3259/1998

    The court held that, on the material before it and in the absence of any effective acknowledgement or defence, the two registered mortgages (Memorial No. 47697 dated 7 Jan 1921 over Lot 521 and Memorial No. 99288 dated 10 Mar 1937 over Lots 380 and 451) were no longer subsisting or capable of taking effect due to the operation of the Limitation Ordinance and the plaintiff's long undisturbed possession.

  • 6 Jun 1997

    BROADA LTD AND ANOTHER v. CHOW CHEUK YIN

    Citation
    BROADA LTD AND ANOTHER v. CHOW CHEUK YIN
    Court
    Court of First Instance
    Case number
    HCMP1049/1997

    The court held that the cause of action accrued before 1 July 1991 and is therefore governed by a 20‑year limitation period under section 19 of the Limitation Ordinance; as no payment or action has been taken for many years the defendant is barred from maintaining any action to recover principal or interest or to seek foreclosure, and accordingly the mortgage is no longer of effect and the defendant's rights under it are extinguished.