Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Out of jurisdiction encumbrancer

Legal area

Court

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.
7 Jul 2022

CHEUNG KAM LIN (in his personal capacity and as the executor of the estate of Chong Shun Wo also known as Cheung San Wo, deceased) AND OTHERS v. LEUNG KUNG WANG

Citation

[2022] HKCFI 2081
Court

Court of First Instance
Case number

HCMP630/2022

The court was satisfied the plaintiffs were registered owners entitled to redeem, the mortgage subsisted, and reasonable steps to locate the encumbrancer failed thus engaging s.12A; the court approved payment of $2,160 into court (calculated from $100 principal and a notional 20% interest) and ordered advertising and a procedure for a subsequent declaration that the properties be free from the mortgage.