19 Sept 2007
HARVEST DEVELOPMENT LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LIU WA FUK, DECEASED
- Citation
- HARVEST DEVELOPMENT LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LIU WA FUK, DECEASED
- Court
- District Court
- Case number
- DCMP1367/2006
The District Court lacked jurisdiction to make declarations based solely on limitation or inferred discharge of a Chinese customary mortgage, but had jurisdiction under s.12A CPO (and s.37 DCO) to permit payment into court and to declare the mortgage discharged where the encumbrancer cannot be found; the court was satisfied sufficient efforts were made to locate the encumbrancer and that HK$400 was an adequate sum to satisfy the mortgage interest, therefore the Plaintiff was permitted to pay HK$400 into court and the Mortgage was declared discharged upon payment.