Hong Kong Case Law: Decisions & Judgments

Topic

Mortgage discharge

Legal area

Court

31 Oct 2024

SOPHIE TSUI YUK KING (aka LEE TSUI YUK KING SOPHIE) v. REGISTRAR OF COMPANIES

Citation

[2024] HKCFI 3057
Court

Court of First Instance
Case number

HCMP1076/2024

Because the loan was fully repaid and title deeds returned on 11 March 1968 the mortgage ceased then and was not subsisting on 1 November 1984; s.44(3) only converts mortgages subsisting at commencement into legal charges, so conversion did not occur; the Dissolved Company held the legal estate as trustee which vested as bona vacantia on dissolution and the plaintiff is therefore entitled to a declaration of discharge and an order requiring the Registrar to execute a confirmatory reassignment.
6 Aug 2024

RE CHAN LEI QIWEN, in her capacity as the administratrix of the estate of Chan Kwai Sing, deceased, for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219

Citation

[2024] HKCFI 2079
Court

Court of First Instance
Case number

HCMP1061/2024

The Court granted leave for the applicant to pay $600 into Court in each of HCMP 1061/2024 and HCMP 1062/2024 because the applicant is the registered owner and administratrix entitled to redeem, the mortgages remain extant, reasonable steps to locate the mortgagees had been taken without success thereby engaging s12A(1), and the proposed sums were more than sufficient to discharge the mortgages; the Court ordered advertising and permitted the applicant to apply after prescribed periods for declarations under s12A(2).
26 Apr 2024

RE CHEUNG KOON YEUNG AND ANOTHER

Citation

[2024] HKCFI 1169
Court

Court of First Instance
Case number

HCMP1592/2023

On the material before the court, including the affirmation filed, the Court declares that the 647 Mortgage no longer constitutes a subsisting encumbrance on the 647 Property and grants the requested declaration under s12A.
1 Jun 2023

RE THE WUN CHUEN SIN KWOON ASSOCIATION LTD

Citation

[2023] HKDC 891
Court

District Court
Case number

DCMP1433/2023

Court was satisfied applicant had taken reasonable steps to locate the encumbrancer and that the encumbrancer could not be found or was unknown, the mortgage was historic and likely unenforceable, and HK$2,000 was a sufficient sum to be paid into court to redeem the mortgage and cover contingencies; accordingly leave was granted to pay HK$2,000 into court with directions for advertisement and a subsequent paper application under s12A(2).
29 Oct 2020

FAITH LUCK CORPORATION LTD AND ANOTHER v. TIN YAU NUNG

Citation

[2020] HKCFI 314
Court

Court of First Instance
Case number

HCMP603/2018

Partition was impracticable because the land is landlocked, small and surrounded by plaintiffs' other lots making fair division and access rights problematic; accordingly, under s.6 of the Partition Ordinance the court ordered sale on the basis that sale is objectively beneficial, accepted plaintiffs' undertaking to procure discharge of mortgage and rent assignment, set a reserve of HK$3,700,000, allowed deduction of HK$500,000 paid to the occupier as an expense to preserve title, and awarded costs to plaintiffs of HK$240,000.
13 Aug 2020

TANG KING WO TSO v. TANG MAU WA

Citation

[2020] HKCFI 1971
Court

Court of First Instance
Case number

HCMP951/2020

The court found the Applicant to be the registered owner, the mortgage remained subsisting, and reasonable searches showed the Respondent could not be found; therefore s12A(1) was engaged and leave was granted to pay HK$218 into court as a sufficient sum to redeem the mortgage, with an order for advertisement prior to any s12A(2) declaration.
20 Jul 2018

RE TSANG KING TIM

Citation

[2018] HKDC 938
Court

District Court
Case number

DCMP1410/2018

The judge found credible direct evidence that the 1967 mortgage had been repaid and that the liquidator's statement did not record any outstanding mortgage; therefore the land was not subject to any encumbrance and section 12A did not apply, entitling the court to dismiss the ex parte originating summons.
31 Oct 2016

張偉良 v. SIEN YOUI CHONG WILLIAM, the executor of the estate of LOK PUI KEE BETTY, DECEASED

Citation

張偉良 v. SIEN YOUI CHONG WILLIAM, the executor of the estate of LOK PUI KEE BETTY, DECEASED
Court

Court of First Instance
Case number

HCA1486/2007

The court concluded that the plaintiff breached the Sale and Purchase Agreement by failing to apply promptly for the premium assessment and by causing material delays; documentary evidence showed the purchaser took steps to discharge the mortgage and remove the charge, discrediting the plaintiff's explanations; therefore the plaintiff was responsible for non‑performance and liable for consequences flowing from that breach.
27 Nov 2013

BANK OF CHINA (HONG KONG) LTD (SUCCESSOR CORPORATION TO THE KWANGTUNG PROVINCIAL BANK) v. YIP FUNG AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD (SUCCESSOR CORPORATION TO THE KWANGTUNG PROVINCIAL BANK) v. YIP FUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1211/2010

EEL is entitled to be subrogated to the rights of BOC under the Mortgage over the Sai Kung Property to the extent of HK$1,570,832.73 paid to BOC; BOC must deliver the Sai Kung title deeds to EEL as security until repayment and Chung must pay EEL's costs (order nisi).
31 Jul 2013

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS

Citation

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS
Court

Court of First Instance
Case number

HCMP628/2012

The court held that while the mortgage appears long since time-barred under s19 of the Limitation Ordinance, the plaintiffs failed to prove that Yau Chun Wing was a trustee of FLK or that any trusteeship continued such that the defendant could be held liable; the defendant held only a limited letters of administration de bonis non and had neither been appointed nor accepted trusteeship so O.15 r RHC and Trustee Ordinance s20(2) did not make him liable; consequently the plaintiffs' claims against the defendant were dismissed.