Hong Kong Case Law: Decisions & Judgments

Topic

Notice to encumbrancer

Legal area

Court

13 Dec 2023

RE TO KOON (or KUN) WAH AND OTHERS

Citation

[2023] HKCFI 3280
Court

Court of First Instance
Case number

HCMP2052/2023

The Court was satisfied the applicants are registered owners entitled to redeem the mortgage, that the mortgagee could not be found despite reasonable searches engaging s12A(1), and that the proposed payment of $160 into Court was reasonable to redeem the mortgage; consequently leave was granted to pay $160 into Court and the procedural steps for advertisement and subsequent application for a declaration under s12A(2) were ordered.
13 Dec 2022

RE IP JOHNNY CHONG CHING ALSO KNOWN AS IP CHONG CHING AND ANOTHER

Citation

[2022] HKCFI 3743
Court

Court of First Instance
Case number

HCMP1742/2022

Applicants are the registered owners entitled to redeem; the Mortgagee Cheung Ting Iu cannot be found despite reasonable steps; the proposed sum of HK$4,148 (calculated including interest on a notional 20% annual rate) is sufficient to redeem the Mortgage; accordingly leave is granted to pay HK$4,148 into court and directions for advertisement and subsequent application under s.12A(2) were made; no order as to costs.
25 Mar 2010

RE LIGHT TIME INVESTMENTS LTD

Citation

RE LIGHT TIME INVESTMENTS LTD
Court

Court of First Instance
Case number

HCMP342/2010

The one-stage procedure is impermissible because s12A(2)'s discretionary power to declare land free of encumbrance only arises upon payment into court; the court cannot lawfully make a declaration before payment, and adequate searches and notice (including advertisement/substituted service where mortgagees cannot be found) are required to prevent injustice, therefore the correct procedure is payment into court under s12A(1), followed by advertisement and then application under s12A(2).

Hong Kong Case Law

RE TO KOON (or KUN) WAH AND OTHERS

RE IP JOHNNY CHONG CHING ALSO KNOWN AS IP CHONG CHING AND ANOTHER

RE LIGHT TIME INVESTMENTS LTD