30 Sept 2025
RE INSTINCT INVESTMENT LTD and TO WAI NAM for a declaration under section 12A of the Conveyancing and Property Ordinance, Cap. 219
- Citation
- [2025] HKCFI 4760
- Court
- Court of First Instance
- Case number
- HCMP1242/2025
The court was satisfied that the applicants established the matters in section 12A(1): the property is subject to an undischarged mortgage in favour of Ho Tai Lung, the mortgagee could not be found despite reasonable inquiries, and the applicants are entitled to redeem; accordingly the court granted leave to the applicants to pay HK$875 into court (HK$35 principal plus HK$840 notional interest calculated at 20% p.a. over 120 years) to redeem the mortgage and issued directions for publication, joinder and a subsequent s12A(2) application; no order as to costs was made.